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Thread: I need help getting an expunged conviction off of my background check

  1. #1
    Curious Guest Happyfox's Avatar
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    Default I need help getting an expunged conviction off of my background check

    I am at my wit's end and could not be more desperate. I don't know where to turn with this and I feel hopeless. I finally found my way out of sex work and got a nursing degree and now I can't get a job anywhere because of my expunged prostitution conviction. Is there anyway to get this off of my record and if so how? In addition to that the charge says something like parent person under 17 consent to prostitution. I don't even know what that means! I was not under 17 and the undercover cop obviously wasn't either. I had the world's worst lawyer. I very much regret not telling him I was finding another lawyer when he told me that it was pointless to try to plead not guilty and that I should file a guilty affidavit in absentia and then get it expunged.

    This happened in Louisiana in 2010. I don't understand why it is showing up when it has been expunged. Please, can someone tell me if this is fixable?

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    God/dess simone87's Avatar
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    Default Re: I need help getting an expunged conviction off of my background check

    has it not been updated yet? was it expunged in 2010, or it happened in 2010? a legal administrator/judge ordered it expunged, right? anyways, these days its tricky with internet, once something happens and it posted online, it tends to stay there. i still have my name on the net from a stupid assault arrest, and it's gunna stay there forever most likely, no matter what i do

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    Curious Guest Happyfox's Avatar
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    Default Re: I need help getting an expunged conviction off of my background check

    The arrest happened in 2010 and yeah the expungement was legal. : (

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    God/dess shanna dior's Avatar
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    Default Re: I need help getting an expunged conviction off of my background check

    Looks like you may need to get yourself that other lawyer.

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    God/dess lynn2009's Avatar
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    Default Re: I need help getting an expunged conviction off of my background check

    My ex is a lawyer and he used to talk about expungements all the time. I suggest you call the judges office and ask to speak to the clerk for some simple Iinstructions on what to do. Different state but at where he worked expungements just involved some paper pushing...I don't think you'll need a lawyer.

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    Curious Guest Happyfox's Avatar
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    Default Re: I need help getting an expunged conviction off of my background check

    Quote Originally Posted by lynn2009 View Post
    My ex is a lawyer and he used to talk about expungements all the time. I suggest you call the judges office and ask to speak to the clerk for some simple Iinstructions on what to do. Different state but at where he worked expungements just involved some paper pushing...I don't think you'll need a lawyer.
    Thank you but unfortunately the problem is that it has already been expunged and I'm still getting penalized for it.

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    God/dess lynn2009's Avatar
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    Default Re: I need help getting an expunged conviction off of my background check

    Do you know how it is still showing up in your background checks?

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    Default Re: I need help getting an expunged conviction off of my background check

    http://www.legis.state.la.us/lss/lss.asp?doc=99762

    9. Records of violations of municipal ordinances and of state statutes classified as a misdemeanor or felony
    A.(1) Any person who has been arrested for the violation of a municipal or parish ordinance or for violation of a state statute which is classified as a misdemeanor may make a written motion to the district, parish, or city court in which the violation was prosecuted or to the district court located in the parish in which he was arrested, for expungement of the arrest record, under either of the following conditions:
    (a) The time limitation for the institution of prosecution on the offense has expired, and no prosecution has been instituted; or
    (b) If prosecution has been instituted, and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.



    (5)(a) Any person who has been convicted for the violation of a municipal or parish ordinance, a traffic violation, or for violation of a state statute which is classified as a misdemeanor may make a written motion to the district, parish, or city court in which the violation was prosecuted or to the district court located in the parish in which he was arrested, for expungement of the arrest record if five or more years has elapsed between the date of the motion and the successful completion of any sentence, deferred adjudication, or period of probation or parole. Notwithstanding the provisions of Code of Criminal Procedure Article 892.1 or 894, or any other provision of law to the contrary regarding the set aside of a conviction or the dismissal of a prosecution, an expungement shall occur only once with respect to any person during a five-year period, except in the case of a misdemeanor offense of operating a vehicle while intoxicated which may occur only once with respect to any person during a ten-year period.
    (b) No person shall be entitled to an expungement if the misdemeanor conviction arose from circumstances involving a sexual act or act of domestic violence.

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    God/dess simone87's Avatar
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    Default Re: I need help getting an expunged conviction off of my background check

    ^ so they pretty much just lied to her about it being expunged?

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    Default Re: I need help getting an expunged conviction off of my background check

    Among other things it says a misdemeanor conviction must be 5 years old. The conviction was apparently in 2010. Also, it says "(b) No person shall be entitled to an expungement if the misdemeanor conviction arose from circumstances involving a sexual . . ."
    Last edited by slowpoke; 12-15-2013 at 12:55 PM.

  11. #11
    Curious Guest Happyfox's Avatar
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    Default Re: I need help getting an expunged conviction off of my background check

    I'm really not sure what that us talking about but I am sure its been expunged. I have the legal papers.

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    God/dess lynn2009's Avatar
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    Default Re: I need help getting an expunged conviction off of my background check

    Quote Originally Posted by Happyfox View Post
    I'm really not sure what that us talking about but I am sure its been expunged. I have the legal papers.
    Then I'd probably still start by calling the judge's office and talking to the clerk. even if they can't help you directly they will be able to tell you what to do next. play up the reformed sex worker bs (nursing! I just want to help people!)

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