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Thread: Dance permits with expundged charge??

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    Senior Member quequisiera's Avatar
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    Search Dance permits with expundged charge??

    Two Years ago I was caught up in a sweep at a club. I was charged with a misdemeanor of improper touch. I was never convicted, and the charge has been expundged from my record. Can I still get a Dancers permit in Vegas, Atlanta, Phoenix???

    thanks
    "Just because you've seen everything doesn't mean you understand it." Foamy the Squirrel ( www.illwillpress.com )

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    Featured Member Lizette's Avatar
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    Default Re: Dance permits with expundged charge??

    ^^^^
    Sorry to piggyback this, but ...

    If a dancer were convicted of a misdemeanor ( improper touch, lewd conduct, etc), could she receive a permit to dance?

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    Senior Member quequisiera's Avatar
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    Default Re: Dance permits with expundged charge??

    No, I was never convicted. I hired a lawyer, and one year after being charged with this ( I had to turn myself in, and pay a bail) my charge was dropped by the District Attorney. But the arrest was still on my record. That was recently expunged from my record.
    "Just because you've seen everything doesn't mean you understand it." Foamy the Squirrel ( www.illwillpress.com )

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    Banned Melonie's Avatar
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    Default Re: Dance permits with expundged charge??

    I guess that the question boils down to whether or not your charge was 'expunged' from the law enforcement database as well as the general database. It's one thing to have your record 'erased' such that prospective employers can't see it. It's quite another thing to have your record 'erased' to a degree that the FBI and State/Local police can't see it.

    This is also a function of how thoroughly the licensing body is going to check background. If you are not a resident of the state in which you're seeking the dancer's license, the licensing body will usually only check with the 'home' state shown on the ID you present. Thus if the state where the club bust occurred, and the state shown on the ID you present, and the state where you're applying for the license are three different states, odds are the club bust won't show up anyhow expungement or not. There is an exception of course if two or three of the states all participate in a shared regional database (i.e. a club bust in NJ will show up on a record check in NY and PA, but not in OH)

    To some degree the particular wording of different local dancer's licensing laws would come into play as well. Some ordinances say 'arrested for', others say 'charged with', while still others say 'convicted of' .... some ordinances include a time limit 'within the past X years', while others don't.

    Ultimately, from a purely legal standpoint, obtaining a license of any kind is a privelege not a right - meaning that if the issuing authority has any 'doubts' about an applicant they can simply say 'no, sorry'. Also, from a purely legal standpoint, having the charges 'dropped' (i.e. deferred prosecution) is not necessarily the same thing as being found innocent.
    Last edited by Melonie; 02-22-2006 at 02:06 AM.

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    Senior Member quequisiera's Avatar
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    Default Re: Dance permits with expundged charge??

    Quote Originally Posted by Melonie
    To some degree the particular wording of different local dancer's licensing laws would come into play as well. Some ordinances say 'arrested for', others say 'charged with', while still others say 'convicted of' .... some ordinances include a time limit 'within the past X years', while others don't.
    Does anyone out there know what the ordinace is in Atlanta and Phoenix?
    "Just because you've seen everything doesn't mean you understand it." Foamy the Squirrel ( www.illwillpress.com )

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    Featured Member Lizette's Avatar
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    Default Re: Dance permits with expundged charge??

    ^^^
    According the Phoenix PD website, your past arrest will not prevent you from obtaining a license.

    http://phoenix.gov/LICNSVCS/index.html
    ftp://phoenix.gov/pub/LICNSVCS/licsob.pdf

    This is all I found for Atlanta. As you were not convicted, you most likely are safe.

    http://www.atlantapd.org/index.asp?nav=LP&menu=42

    Apparently, if a person is convicted of prostitution, she can not get a license.

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    Senior Member quequisiera's Avatar
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    Default Re: Dance permits with expundged charge??

    Thank you for the info Lizette!!!
    "Just because you've seen everything doesn't mean you understand it." Foamy the Squirrel ( www.illwillpress.com )

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    Banned Melonie's Avatar
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    Default Re: Dance permits with expundged charge??

    Apparently, if a person is convicted of prostitution, she can not get a license.
    Keep in mind that accepting a 'plea bargain' is the legal equivalent of a conviction in court.

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    Featured Member Lizette's Avatar
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    Default Re: Dance permits with expundged charge??

    Quote Originally Posted by Melonie
    This is also a function of how thoroughly the licensing body is going to check background. If you are not a resident of the state in which you're seeking the dancer's license, the licensing body will usually only check with the 'home' state shown on the ID you present.
    Melonie, so if a dancer were convicted of prostitution in North Dakota, Las Vegas would be none the wiser (hopefully)?

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    Banned Melonie's Avatar
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    Default Re: Dance permits with expundged charge??

    Melonie, so if a dancer were convicted of prostitution in North Dakota, Las Vegas would be none the wiser (hopefully)?
    Well, not wanting to help anybody 'evade' the law, but I don't suppose it matters if I spew a few observations. Based on what I said earlier, and based on a hypothetical dancer with a recent prostitution bust in North Dakota, I would say that if this girl were to go to Vegas and apply for a dancer's license with North Dakota ID she's guaranteed to be turned down for the license - since the Vegas Sherriff is going to call and check North Dakota criminal records and the North Dakota prostitution bust is going to show up immediately. However, if the same girl were to present say Florida ID, then the Vegas Sherriff is going check Florida criminal records which will not show a prostitution bust in North Dakota.

    The only time this might turn out differently is if the state used for the ID and the state where the bust occurred are part of a mutual info sharing criminal database like the one in the northeast which includes NY,NJ,PA,MA,CT,VT and ME. If for example I had a MA bust (which I don't but for the sake of example let's say I did) and I went to the Vegas Sherriff with NY ID to obtain a dancers license, the Vegas Sherriff is going to call NY, the NY cop that takes the call is going to fire up his database, that database the NY cop is using is going to show a bust in MA, the NY Cop is going to tell the Vegas Sherriff about the MA bust, and I'm going to get turned down for the license plus possibly charged for filing a 'false statement / instrument' because I deliberately lied about the MA bust on my Vegas dancer's license application. When the application (an official gov't document) asks 'have you been convicted of such and such in another jurisdiction', if you do have a conviction and if you choose to answer 'no' on the application you are in fact 'filing a false statement / instrument' which is potentially a misdemeanor crime in and of itself.

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    Featured Member Lizette's Avatar
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    Default Re: Dance permits with expundged charge??

    ^^^^

    Thanks. It seems really unfair to prevent someone from working for a misdemeanor. It's not like selling children into slavery.

    Quequisiera, I called the Atlanta PD. The backround check is a *state* backround check. I plan on moving to ATL in a few months. Just in case I'm busted for being a ho, I'll be alright to work. Not that I'm a ho.

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    Banned Melonie's Avatar
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    Default Re: Dance permits with expundged charge??

    Thanks. It seems really unfair to prevent someone from working for a misdemeanor. It's not like selling children into slavery.
    Again playing devil's advocate, the local bible-thumpers would certainly make the case that they have every right to prevent someone who is a convicted prostitute from continuing to 'ply her trade' in the VIP rooms of local strip clubs. The dancer's licensing laws do not refer to misdemeanors in general - they specifically refer to misdemeanors normally associated with the 'Hollywood Stripper' stereotype i.e. prostitution, drugs, theft ....

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