Please answer this question. This is a serious question.....my future is being ruined......................
Find answers to your legal question.
Please answer this question. This is a serious question.....my future is being ruined......................
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About 7 years ago I got into a fight with my brother in law. We got arrested, but neither of us did much damage to the other one. We were in a holding cell for 4 hours, we got out, dropped the charges against each other, paid a fine and I went on to be a nurse in a nursing home. Neither of us were convicted. The fight took place in a private home and it was considered a misdemeanor. 4 years after that incident, I became a stay at home mom for 3 years. Now I am going back to work. But, I have been banned now from working with the elderly or with children, because the county that the fight took place says that I was convicted and was in jail for 1 month and that is a LIE! My future and my reputation as a nurse is being jeapordized because of this. No one can give me any straight answers! What do I do? Where can I go or what do I do to start to process of getting this thing off my record. Let me reiterate, I WAS NEVER IN JAIL FOR A MONTH, NOR CONVICTED AND THE LAW SAYS I WAS!
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Big Rick
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Not to copy the other answers, but an attorney is the person that can help you. |
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maxmom
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You will need to hire an attorney to get the records straightened out. |
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PJ
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Better contact an attorney to get this cleared up. It will be worth the money. |
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Kathryn R
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Hire a lawyer. |
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Chefang
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Call a "free consultation" attorney and see what they advise. |
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nigel v
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Get a Lawyer |
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florida gal
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You need an attorney! Don't put off getting this mistake corrected. |
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blondeqtpie13
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I have a domestic charge from when I was 20. 15 years ago! And I still can't get a job in a nursing home, hospital or in a field where I would work with children. I've never had a repeat offense and am quite a bit more mature. In some states you can pay to have it expunged from your record. I just haven't done it yet. If it's saying you were convicted and you weren't, I'd hire a lawyer and fight it. |
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nemesis
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Get a criminal lawyer. A mistake was made and only someone who knows the law in your area can help you. |
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YO
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Technically, you were CONVICTED. When you paid the fine you plead guilty to the misdemeanor, basically you admitted that your guilt without going to trial.
Let me give you an example. You were speeding and a cop gives you a ticket. Instead of fighting it you pay the fine, which is usually at a reduced rate. Once you paid that fine you admitted to the guilt of speeding and you may get points against your license.
Consult an attorney. Call your local bar association for a referral if they provide that service. |
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Christine P
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You need to go to the police department in the county where this happened and ask for copies of any records pertaining to this arrest. You might have to pay a small fee depending on the county. Then, you should take those papers with you to the local courthouse and bring them to the clerk in the criminal section and ask them to look up the disposition of the case. Then depending on what the clerk gives you, you will have to figure out if it was just a clerical error or if it is something that was pursued by the state. If the clerk is able to tell you that the charges were dismissed then you should ask for a certified copy.
If not, you will need to try and find copies of anything that you have from 7 years ago because if the charges weren't dropped and perhaps there was a court date and you didn't appear they may have entered a conviction. The problem is that if it was an actual conviction 7 years ago and not just some clerical error, then you are beyond the time to be able to appeal the conviction and you will have to talk with the state about what to do; e.g., I don't know if you have supporting documentation if they would expunge it from your record.
I missed the part about you paying a fine, and the other posters are right that odds are if you paid a fine then there was probably some type of plea made. Unless, there were a few different tickets issued at first and or they just issued you a ticket for disturbing the peace or something that would require a fine paid without appearing before a judge. But I still stand by my answer that you need to get your file from the police department and go from there. |
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Angela B
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think you need to get yourself some legal advice my love, call the c,a,b |
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caseyy
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wow im really sorry that this happend.
hire a lawyer.
most definantally. |
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nightserf
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Before hiring a lawyer, look into it yourself. Get a copy of the report. Odds are it's a case of mistaken identity, which should be easy to prove. One part of your story doesn't ring right, though. You paid a fine, which means that a conviction of some sort was recorded. You could begin by calling the court, talking to a clerk, and getting a copy of whatever the judgment was.
The courthouse probably did not initiate the ban you mention--it probably was the result of a background check. Background checks on married women are complicated by name changes, making errors more likely than for men or single women. The usual fall-back is to cross-reference by SSN, but even that can backfire. Some investigators are notoriously sloppy, too. You have the right to challenge the report, and that can be done without the expense of an attorney, whose fees could easily eat up your first year's worth of income. |
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live and love people
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just get a lawyer...so he can do the work for u |
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jojo
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Most lawyers offices can give you answers to your question. |
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I ask the questions round here..
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Well, you're going to have to get a lawyer, it might be a long pricey task but its really the only way. Maybe you weren't in jail for a month but your criminal record isnt completly clean so that might cause some problems when wanting to work. |
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Trish S
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First of all hire a lawer,if you cannot afford it call legal aid. Next I would talk to the police station as well as the courts and see if they can help you. Is your brother also having this problem? I'm not sure how things work but I'm thinking it's quite possible you couldn't go back to your work due to the fact that charges were laid (although later dropped) it may still show up on a criminal record check and although it wasn't a big deal,they really don't know the details. However I would definately fight the fact that you weren't in jail!! I really hope things work out for you. |
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Quad Kings
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You can look into having your record expunged. If the court grants your request, then it should resolve your situation. Do some research specific to your state as to expunging your records. Thereafter, you can decide whether to hire a lawyer to help you w/ the process or doing it yourself. |
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Morgan R
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I am confused by your fact pattern. What was the fine you paid? Fines are only imposed after a conviction (such when you pay a traffic fine , you are admitting the violation) I suspect, based on the "elderly and children restriction"; that the record states you were arrested for "domestic vilolence". (which would fit that fact pattern in most states) . Do you remember what the fine was for? Are you sure you didn't plead "no contest"; were fined and given 30 days suspended? |
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Barry C
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First , legal requirements for qualifying with elderly or children or whatever have probably tightened up in the last 7 years, be prepared for that. It may nbot be that they are saying that you were convicted and spent a month in jail, less then that might cost you.
Are you sure you weren't convicted in pleading out? If you paid a fine but disn't have a trila, then you probably plead out, and that probably involved pleading guilty to a lesser crime.
And now, that may be coming back to haunt you because professional requirements changed after you pled guilty. that would have been a risk you took.
Still, if you want legal advice in this matter, hire a local attorney. they are all in the local yellow pages, many offer a free consultation. |
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CHARITY G
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You need to go down to the county jail and ask for the paperwork that documents the arrest and jail time . . . you may have to wait a while since the incident is so old . . . they should have everything documented . . . Go directly to the jail and ask for your arrest record . . . NOT THE COURTHOUSE . . . they'll have a record of everything pertaining to the 24 hours in question . . . this sounds like a file mix-up or typo. |
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Kristin D
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Contact a really good attorney. I know an awesome one in St. Louis who can get literally anything done. Maybe you're in MO. His name is Steven C. Mandlman and he's the best lawyer in my opinion. He "specializes" in DWIs and stuff, but he really does everything. He has a good name with all the judges and that sort of stuff. He is pricey, I think he's $175/hr but he's worth more than that in my opinion. His MO Bar number is #34446. He works in MO and IL. |
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Johnnydairishfella
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you could go to the local courts and see what this is all about, or maybe write a letter, or both
and if it is recorded, make a large appeal from everyone you knoe, officals, civil workers, and stuff, and get it changed.
so ill take it then you have been given a criminal record
this is illegal, in this case, because you haveto be in jail for a week before they can give you one |
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Fonz
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Get a lawyer.. One from out of town... |
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liddabet
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Yep - just like everybody above me says - hire a lawyer. Make sure you don't get a scumbag lawyer out of the yellow pages. Ask around and have somebody refer you to one.
Good luck. |
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Curtis D
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I would contact a lawyer, most consultations are free and go from there. Also i would have your brother in law check into his records and see if they match up. Would he attest to the incident? Do you have any documents left from the arrest, release, or fine. This could all be helpful to the lawyer. |
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Joey
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get ahold of sombody soon! |
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greenhowlermonkey
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this may be out there but i would also look into potential idenity theft if the charge dosent match up to what you were actually taken in for |
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maddy81
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i think you have a lawsuit on your hands..i would just get an attorney...the best of luck to you.. |
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Kiibigsis
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I'm sorry to say it, but unless you've got a really good lawyer on your side (which I certainly hope you're at least in the process of doing), there's not a whole lot you can do. Our legal system is inherently corrupt and is just getting worse. |
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