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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101381
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, Ive been working for a company for 5 years, I passed

Customer Question

Hello, I've been working for a company for 5 years, I passed the original background check, but they changed policies, and ran another background check, and have suspended me until I can either get the 10 year old conviction resolved? What are my options?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

I am sorry for your situation. In Arkansas, an Expungement can be requested if this was your first, and only offense, and only if the Court placed on on a deferred sentence and you completed probation successfully, and the charge was dropped. First Offender Act Codified at Ark. Code. Ann. §§16-93-301(a)(1)(A)(i).

If this was the case, then you can get the matter expunged. If this was a straight conviction, then I am afraid the only way you can get it sealed is with a Pardon:

http://www.acic.org/justice/Clemency%20Process.htm

Once pardoned, then this can be sealed. However, the successful rates for pardon petitions are low.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction – really – don’t be shy! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Customer: replied 5 years ago.
I'm sorry I wasn't clear- The state the offense was in is Alaska, I am currently in Arkansas where I live and work now. Which is an at will state for employment.
Expert:  Ely replied 5 years ago.
Hello,

Oh, okay. Well, in this case, you'd have to file in Alaska, and we look to Alaska law. And that is bad news. Alaska's expungement laws are very simple because the State of Alaska has no law to expunge criminal records. Adult and juvenile defendants can only apply to have their records sealed. Generally, sealed records are only for a judge's eyes when sentencing a repeat offender, so no background check would catch it.

However, the only circumstances in which a person's records may be sealed is when it can be proven, beyond a reasonable doubt, that the defendant had been falsely accused of a crime or was convicted by mistaken identity. Applications to have criminal records sealed are processed and handled by local and State law enforcement.

Therefore, I am afraid again, your only choice is a state pardon:

http://www.correct.state.ak.us/corrections/Parole/pdf/clemencyhandbook.pdf

Read that and apply if you wish. Again, success rates are low. Upon a pardon, it can be sealed.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction – really – don’t be shy! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.

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