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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32369
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I was convicted in 2006, for 1 count felony harrassment,

Customer Question

I was convicted in 2006, for 1 count felony harrassment, with a stay of adjudication. I did 6 mo. work house, ramsey county, and then did 10 years probation. My probation was extended by one year on Jun 7th 2016 so I could finish my required treatment program, as I was terminated from my first outpatient program after 7 years. I lost the stay of adjudication, and was told I would have a felony on my record. Does the felony come up as imposed in 2016 and as a new charge? An employer has flagged me as being disqualified for not passing the check even though I was convicted 12 years ago.
This is a growing nightmare. Thanks,
JA: What state is this in? And can you tell me a little more about the charge?
Customer: MN It was for harrassing phone calls in 2004
JA: Have you talked to a laywer yet?
Customer: NO I just found out that a background check says this cinviction happened within the year not 11 years ago, I am scared about this to get employment.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know what this means for my background check and ability to get gainful employment, I feel like things keep changing all the time.
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 2 months ago.

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. Please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Nisha Jones, Esq. replied 2 months ago.

I was in the process of typing up a response to you and received your request for a phone call. I attempted to connect, however I received a message that the call was denied due to a payment failure for the service. I suggest contacting the customer support center to see if they can help you get this resolved (I'm a site user just like yourself, so unfortunately it's not something that I can help with).

Let me know if they're able to get this fixed, I'm happy to help you over the phone.

Customer: replied 2 months ago.
I have to call the bank, and that takes super long. My question is simply why does a background check say that I was convicted not in 2006, but June 7, 2016 as they just extended my probation so I could finish up my treatment program? Will this show as a felony from 2016, or when I was sentenced in 2006???
Expert:  Dwayne B. replied 2 months ago.

There could be a number of reasons but the most likely is simply that the company doing the background check doesn't know how to read court documents.

You mentioned you had a "stay of adjudication" but later you state you "lost the stay". Likely the correct date to be entered would be the date of the order that states you lost the stay, since that is the date you were actually adjudicated.

You may be able to solve all of this by hiring a local lawyer to file a motion with the court asking them to make clear in an order what date actually is correct. Most judges will do that if a lawyer files and puts it in terms of due process and Constitutional rights. This is not something I'd recommend you file yourself.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Criminal Law or Civil Rights Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.