Hello dfredrick2929,
Hiding a criminal record is not something that works, and if you
attempt to do so you could be heading for trouble. I have had to
undergo several criminal background checks in the last few years
because I have worked in positions where I have been in a sensitive
position of trust. There are different levels of criminal record
checks, but post September 11, not only are more
companies/organizations performing background checks but they are
doing them as completely as possible.
Changing your name would not work for the simple fact that criminal
record checks will ask you whether you have ever changed your name,
and they will even ask you for any nicknames and/or alias you have
been known by. They ask for all of your addresses in the last 5 to 10
years as well as other information. If you give fake information and
this is discovered, you will lose all chances of getting the job and
might actually get into trouble if you do it knowingley. Not
surprisingly, all criminal record checks that I have completed have
asked me if I have ever been convicted or charged with a crime, to
which you are also obligated to provide a truthful response.
Quite frankly, even if you lied on these forms it would be fairly easy
for the discrepancies to come up because you always need to show at
least two pieces of ID, such as your birth certificate and your Social
Insurance Number which will also be queried in the database.
Your best route is to attempt to get a pardon to get your conviction
buried. The fact that you were under 18 and that the crime was not
serious will work greatly to your advantage. If you have a background
in volunteering your time to the community, a glowing academic record
or evidence of a changed life, these things will also aid you in your
quest to get the conviction erased from your record.
From the website of attorney Ralph D. Sherman
(http://www.ralphdsherman.com/Areas.htm#Pardons) he informs us that
you can only try once every year to get a conviction erased by the
Board of Pardons. He also maintains that to the best of his knowledge,
he handles the most cases before the Connecticut Board of Pardons than
any other attorney in the state. Your best bet would be to find an
attorney and attempt to get the conviction erased. From what I can
gather of your situation, I am not sure that you would actually need
an attorney, but that is a decision you will have to make based on how
much risk you are willing to take in this matter, and whether you can
wait a full year if your individual attempt fails to try again.
Some overview information on pardons in Connecticut can be found at
this page: http://www.infoline.org/InformationLibrary/Documents/Pardons%20fj.asp
. Because five years have already elapsed since your conviction at 17,
you are now eligible to apply for a pardon.
The phone number for the Pardons and Parole Office is (203) 389-5390.
The board only meets twice each year in the Spring and Fall. Here is
the information relevant to you: ?Non-inmates can petition for a
pardon if at least five years have elapsed from the date of completion
of the sentence, including a suspended sentence together with any term
of probation attached.? You or your attorney should call the Secretary
of the Board of Pardons and Paroles for an application form at this
number: 203-389-5390.
SOURCE: http://www.referweb.net/uwct211/Detail.aspx?pageone=1;areatype=city;areaserved=East%20Lyme;keyword=Amnesty/Pardon%20Assistance;allwords=False;selectedterm=Amnesty/Pardon%20Assistance;city=East%20Lyme;zip=06357;regionid=53;sessionid=82043;searchcountid=183322;categorykey=0;servicekey=33269;sitekey=0005
Attorney Ralph D. Sherman states on his website that if you are
granted a pardon by the Board of Pardons, you may state under oath
that you have never been arrested. This seems to be exactly what you
want to be able to do, although you should be aware that depending on
how sensitive your position is, you may also be asked if you have ever
been pardoned for any crimes. I assume that the Board of Pardons
office or your attorney if you choose to utilize the services of one
would be able to inform you of the particulars involved.
I hope that this answer will prove satisfactory for you. If you
require additional clarification or assistance, please let me know and
I will do my best to further assist you.
Also you should be aware that having a criminal record does not
necessarily mean that you will not get a job. Many high profile people
(George Bush included) have past criminal records. It will probably
work against you, but if you can demonstrate your worth over somebody
who does not have a criminal record, changes are you will do fine as
long as you are honest about your past.
tisme-ga
Search Strategy:
connecticut pardon
connecticut criminal record pardon
connecticut criminal record
connecticut "board of pardons" |
Clarification of Answer by
tisme-ga
on
06 Mar 2005 21:40 PST
With regards to your question about applying for a job in Canada, your
past conviction would still come up. In fact, a pardon granted to you
in the US might not even be recognized in Canada. See:
http://www.rcmp.ca/crimrec/finger2_e.htm
tisme-ga
|
Request for Answer Clarification by
dfredrick2929-ga
on
07 Mar 2005 17:05 PST
Tisme-Ga,
Although I thank you for your diligent research - it appears that my
question has not been answered. I asked how I can cover it up - not
how I can get the incident pardoned or expunged. These two things
will still show up on any record. What I need is a clean slate - not
a wiped down one. I know that there ARE ways to go about this. I
need to know if background checks are driven by SSN or name. I need
to know, if I get a name changed in a state that only keeps local
records - can anyone link the two names?
Please research deeper into this instead of the pardoning side of my
option. This is what (I thought) my question asked for. I await your
response.
|
Request for Answer Clarification by
dfredrick2929-ga
on
07 Mar 2005 17:08 PST
Also, you said "
Quite frankly, even if you lied on these forms it would be fairly easy
for the discrepancies to come up because you always need to show at
least two pieces of ID, such as your birth certificate and your Social
Insurance Number which will also be queried in the database.
"
Once I change my name, I can obtain a new birth record and Drivers
License. The only link to my names will be the SSN.
|
Clarification of Answer by
tisme-ga
on
07 Mar 2005 19:10 PST
Hello dfredrick2929,
Looking at copies of some of the criminal checks I have completed,
they only accept certain types of ID and a driver's license is not one
that they accept. Regarding getting a new birth record, wouldn't your
card have the date that the card was created on it, at the very least
signifying that it is not the original copy? Also, would you be
willing to answer "no" when asked if you have ever been convicted of a
crime if this is not true?
For most criminal record checks, social security numbers are not
mandatory but they require two other solid pieces of ID. You should
also be aware that some criminal record checks such as federal RCMP
criminal records check in Canada require a mandatory fingerprint
sample.
This information is important to your request for clarification point:
"It is not possible to "plug in" someone's Social Security number into
a criminal records database and find all the criminal convictions
pertaining to that individual. Criminal records are indexed by the
name of the defendant. Therefore, getting the correct spelling of the
name is critical to obtaining accurate results. If the person had a
former name, that name should also be checked. In those jurisdictions
where the clerk of court will be performing the research, a full date
of birth is usually required."
SOURCE: http://64.233.161.104/search?q=cache:gPb23BCvkZ4J:records.4mg.com/criminal.htm+connecticut+%22criminal+records+check%22+Social+security+number&hl=en
The above information implies that the only use for a social security
number is to verify that a criminal record that has been found is tied
to a specific person. While it appears that this would be a good
solution, the problem seems to be that if you have a prior conviction,
getting a change of name is not an easy task. Many websites I
researched had information similar to this:
"6. Legal and Creditor Status: Petitioner does not have any
outstanding judgments, has never been convicted of a crime, and is not
involved in any pending legal actions." (You have to swear under
perjury that you don't have any conviction). SOURCE:
http://www.ilrg.com/forms/namechange-adult/us/ct
There are some products you can buy that are supposed to clear your
criminal record. One of them implies that after getting a pardon, you
will be given further instructions. See: "How to clear your criminal
record" at http://www.undercoverpress.com/criminal_records.html
This publicaton has some interesting ideas and information on how to
handle a criminal record:
http://www.instituteofliving.org/Programs/Rehab/October_2004.pdf
Also, this information might prove to be very useful to you: "Criminal
records generally are kept seven years, so an applicant is not
discriminated against for a mistake made earlier in his or her life.
Juvenile records are not accessible for pre-employment screening. Once
a person turns 18, the record is expunged." SOURCE:
http://66.102.7.104/search?q=cache:nhilqOQSn4YJ:www.personalitytesting.com/Articles/DoYouKnow.htm+hiding+criminal+record&hl=en
Have you recently checked your criminal record? Perhaps upon turning
18, your conviction vanished?
I hope that this additional research helps you!
tisme-ga
|
Request for Answer Clarification by
dfredrick2929-ga
on
07 Mar 2005 20:47 PST
This is exactly the information I was looking for. Thank you very
much. My only additional question is - would a state where I got my
name changed (Despite not having a "legal" residence there), (so it
would not show up on address history) run a background check to make
SURE I was never convicted of a crime?
Thanks!
|
Clarification of Answer by
tisme-ga
on
08 Mar 2005 19:12 PST
Hello dfredick2929,
What state(s) are you thinking of? All of them have different criteria
for a name change. If you give me the states on your shortlist, I can
do some research into those for you.
tisme-ga
|
Request for Answer Clarification by
dfredrick2929-ga
on
08 Mar 2005 20:42 PST
Hello, I have heard that Montana only keeps local records, and would
be the best place to perform the change.
|
Clarification of Answer by
tisme-ga
on
09 Mar 2005 21:00 PST
Hello dfredrick2929,
I have done some work for you regarding researching Montana, but am
still trying to verify the information so far. I know that you do need
to reside in Montana to have the name change done, but am still trying
to find out if they do a criminal records check on name change
applicants.
tisme-ga
|
Clarification of Answer by
tisme-ga
on
13 Mar 2005 11:36 PST
Hello dfredrick2929,
From telephone conversations I have gathered that there are criminal
records checks done in some cases in Montana, but have been unable to
get information on what triggers these, as well as how they are done
(national, local etc.). I assume that it is saying that you have a
prior criminal record.
tisme-ga
|
