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Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21865
Experience:  Handle criminal matters in both state and federal courts.
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How do I get something off my record that they never charged

Customer Question

How do I get something off my record that they never charged me with? I was woken by police in an apartment that they found open alcohol in, but I never received a fine or was formally charged with anything. I was 18 at the time. This happened almost 2 years ago and is now keeping me from getting a job.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Samuel-II : Hi
Samuel-II : So there were no arrests, but the police took names of those in the apartment at the time?
Customer :

That is correct

Samuel-II : Then you need to go to the court or magistrate office and explain that you need to file a Petition to have this record "sealed" The clerk should give you the proper form. Fill it out, file it and then you will have a court hearing. You can explain it, the Court may issue an Order to have the police report Sealed. You will then take it to the police agency
Customer :

Actually I think someone did have charges against them, but just not me. They took me to the police station and had me wait for someone to pick me up.

Samuel-II : and they will remove your information so it cannot be viewed.
Samuel-II : Right. So there is a police report lingering that needs to be sealed
Samuel-II : and only the procedure I suggest can do that for you.
Customer :

So I have to wait for a hearing to take place. Nothing else will take it off right now as it is keeping me from getting a job.

Samuel-II : That is correct, unfortunately
Samuel-II : It is not something you can do without the Court process and Court Order
Samuel-II : Though I am not sure why such a minor thing would hold you up
Samuel-II : What type of job are you going for?
Customer :

It is a job at a power plant

Samuel-II : I see.
Samuel-II : And on the application does it ask if you were ever arrested?
Samuel-II : Is that the concern?
Samuel-II : Were you fingerprinted when you were arrested?
Customer :

No I wasn't. They asked if there were any violations that may show up on a background check. When I went for the 2nd interview they said it did show up and that PPL would not allow me to get the job with that on the record.

Samuel-II : I see. That's tough. Well, the only way is with the classes or through the court process, unfortunately.
Samuel-II : I wish you well with it all. How about can you tell the folks at the Power Plant what the Magistrate said
Samuel-II : and that you are going to take the classes and then it will be removed.
Samuel-II : Maybe they will work with you on that.
Customer :

Could you tell me how they could put something on your record in the first place if you were never charged?

Samuel-II : It appears it is not on your record, and if you were not fingerprinted, I am not sure how it would appear on a background check.
Samuel-II : Unless there is some sort of cross reference with your name just appearing in the Police Report and heck - that could be anyone with the same name
Samuel-II : Fingerprinted arrests are usually what employers go by
Samuel-II : Not just someone's name showing up.
Customer :

How could I find out for sure if it is on my record at all?

Samuel-II : You can go to the police agency and ask them for a copy of the report. Also, you can go to the Clerk of the Court in your county and ask them to run your name. They might assist you.
Samuel-II : If not, you can try your local barrack of the State Police.
Samuel-II : There should not be any "record" without fingerprints, you see
Samuel-II : The only other way, is to hire a background check service and have them run your name with correct date of birth
Samuel-II : As I said, sometimes, same names will come up on a BG check.
Samuel-II : And there are distinguishers such as a middle name and, date of birth
Customer :

ok thanks for your help

Samuel-II : Yeah
Samuel-II : Sorry it is not better for you.
Samuel-II : I am baffled as to how anything is showing on a record.
Samuel-II : If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you

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