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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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I was convicted of a non-violent, drug-related Federal misdemeanor

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I was convicted of a non-violent, drug-related Federal misdemeanor in 2002 in the District of Massachusetts. The New York criminal history reporting system shows only an "unadjudicated arrest" in Massachusetts, but not the actual conviction of 18 USC 1030 (a)(5)(c). In essence, it would seem that I have no published criminal record. Should I leave well-enough alone here? I know that a federal misdemeanor comes with almost no disqualifiers -- at least of my type -- but I'm wondering if a need exists to set the record straight. I know that Federal misdemeanor convictions were so very rare at the time that the mechanisms to record them may not have existed. Your advice, counselor?

Brandon M. :

Hello there.

Brandon M. :

My name is XXXXX XXXXX I'm glad to help. To start, I wouldn't assume that you have no published criminal record. Your conviction may appear in the US DOJ's database, which is typically searched with any sort of criminal background check. You can request a copy of that record through the FBI. Follow this link for more information: http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks

Brandon M. :

That said, I can't imagine what need you would possibly have for setting the record straight. You have no duty to correct the record and the error is in your favor.

Brandon M. :

I see that you just joined the chat. Welcome.

Brandon M. :

I've seen several instances where something appeared on a state criminal background report but not the federal, or vice-versa. It's not common, but it's not unheard of. So it's not shocking if the report run through the state agency has some inconsistencies on it. That said, there's a good chance that it would still show up in the federal database.

Brandon M. :

But do you have any reason to bring the error to anyone's attention? Every situation is different, but normally, the answer would be "absolutely not".

Customer:

I will check the Federal Database as you have recommended. I was just personally very surprised to see that NY State did not pick it up. Either way, it is not a hindrance. Thank you very much for your expertise.

Brandon M. :

My pleasure. Did you have any other question?

Customer:

No, Counselor. You have most helpful.

Brandon M. :

Great. Have a good evening!

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