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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26126
Experience:  Litigation Attorney
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Last winter my son, a student at Univ. of Colorado - Boulder

Resolved Question:

Last winter my son, a student at Univ. of Colorado - Boulder got a ticket for an MIP and urinating in public. He was 20 at the time. Without telling me anything, he went to court by himself and accepted a deal where the MIP was sealed and he was guilty of the other charge. My question: is there anything we can do at this time to get the record sealed to where it does not come up during a background check. Should we consult a lawyer in Boulder? Also, what exactly would the wording be in a background check? Is this something that can limit his employment or graduate school opportunities? He is thinking about medical school or masters of public health or physical therapy.
Submitted: 8 months ago.
Category: Legal
Expert:  Roger replied 8 months ago.

Roger :

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.

Roger :

So he pled guilty to the urinating in public charge, correct?

Customer:

Yes, he was in an alley

Roger :

Ok. Thanks.

Roger :

Unfortunately, you generally cannot expunge or seal a conviction/guilty plea of any offense. Had he gotten a deal for deferred adjudication, pre-trial diversion, etc., he would have been able to possibly keep this off of his record.

Customer:

what will show up on a background check?

Customer:

and since he did not have any legal representation, is there anything we can do now?

Roger :

Yes, the offense would appear on his background check.

Roger :

Unfortunately, there's nothing you can do about him not having an attorney. He's got a right to an attorney, but if he didn't choose to do that, he can't go back now.

Customer:

what will it say? and does this affect getting into graduate school or getting a job? I understand you cannot predict results with 100% certainty but what should he say on applications? My daughter just passed the Illinois Bar and she said lots of her friends had worse stuff than that.

Roger :

The good news is that this is a minor offense, and should not have much impact on him.

Customer:

I am just learning about this now

Roger :

Before 2010, urinating in public was actually classified as a sex offense in Colorado, and people who were convicted had to register as a sex offender, etc. But, that's not the law any longer.

Roger :

He would have to disclose any convictions of any offenses - - usually including traffic tickets - - on applications.

Customer:

So he says he had a misdemeanor? Is that the wording?

Roger :

However, this is not a major crime or some type of violent offense, so it's not likely to have a major impact on him.

Roger :

Yes, when he applies for school, the application should ask for the conviction, date, disposition, etc. He's likely going to have to get an abstract from the court that shows what happened.

Customer:

He also has a speeding ticket from three years ago. But that seems minor to me compared to this. Can I run a background check on him myself to see what he is looking at? Can you recommend a website for that?

Roger :

Yes, there are online background checking agencies where you can do this.

Customer:

Can you recommend one that is reliable?

Customer:

My son said he ran a check on himself last summer to see and nothing came up. I would like to make sure about that. My daughter also said that it is worse to have something and say you didn't than to actually admit it. Is that true?

Roger :

Here's a link that outlines the best online background check agencies and the costs of the checks, etc.: http://background-check-services-review.toptenreviews.com/

Roger :

If nothing shows up, your son may have pled guilty to an infraction or something less than a misdemeanor, which often isn't even considered a criminal offense. That's possible - - so it may be best to get an abstract from the court to see exactly what happened with him BEFORE filling out any applications.

Roger :

If there's an misdemeanor offense/conviction in the public records, it is better to disclose it to the school as opposed to covering it up because IF the issue is discovered, his creditability would be shot.

Roger :

Thanks for allowing me to assist you and please let me know if you need anything further.

Roger :

I'm going to step away, but I'll be notified if you make another post and I'll return.

Customer:

Thank you -- just one more question. If I go ahead an run a background check, does that raise a red flag for others to look for him?

Roger :

No, it should not.

Customer:

Thank you, XXXXX XXXXX do the background check, and we will go from there.

Customer:

Is there anything else I should be asking you or thinking about? I want to cover all the bases.

Roger :

No problem.

Roger :

The best thing to do is to get the abstract and find out exactly what he was convicted of/pled guilty to and then do the background check.

Roger :

Hopefully, he wasn't even convicted of a misdemeanor (maybe its just an infraction) and he won't have to list it - - depending on what the application ask.

Roger :

If you need something further, please just let me know.

Customer:

Thank you. I just ran a background check through US search and a only one person came up in Boulder Colorado with a different middle name. There is nothing under my son's full name. Is it safe to assume it's not there, or since it's been under a year, will it show up later?

Customer:

Is the abstract available through the Boulder court system?

Roger :

If it was going to show, it probably should have already.

Roger :

Yes, you can contact the court clerk's office and they can give you a copy of the abstract.

Customer:

Thank you very much.

Roger, Attorney
Category: Legal
Satisfied Customers: 26126
Experience: Litigation Attorney
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