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I have recently applied for a weekend positions with xxxxxx.

Customer Question
I have recently applied...

I have recently applied for a weekend positions with xxxxxx. GIS or General Investigative services could not find a self reported partner assault incident because it was so minor that the sentence was deferred. I was placed in inactive status. Worried that this may affect me in the future I disputed the findings and faxed in all the court papers. Yesterday I got a call from one of their people saying she coud still not find it so called the courthouse and had it explained that the misdimeanor was set aside and will be expunged and sealed december the 9th. She asked me if I still wanted to report it. Thinking that was the way to go I said not report. 2 hours later I get a letter from xxxxxxxx telling me that I am not eligible to work for them due to an unreported misdeameaner so I again called them and told them to report this. This was a minor charge, that did not even require the 72 hours no contact, and I am afraid that this will now follow me around. GIS seems to be no help, and I am mad enough that if this could affect future employment I want to get some compensation. What do you think??

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Montana

Lawyer's Assistant: Has anything been filed or reported?

I have the letter from xxxxxxx, I got a document in late October from GIS telling me I was in deferral status due to them being unable to find the set aside verdict(it would come back if I re offend) and I faxed them the court paperwork. Now I have a letter on my email dated Monday the 13th that I am not elibile to work for them due to GIS report. I feel like I am getting jerked around

Submitted: 8 months ago.Category: Criminal Law
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Answered in 12 minutes by:
11/10/2017
Criminal Lawyer: Nisha Jones,
 replied 8 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,428
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

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

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Criminal Lawyer: Nisha Jones,
 replied 8 months ago

Just to clarify -- this was a prior misdemeanor which is now set to be sealed/ expunged next month?

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Customer reply replied 8 months ago
sealed dec 9 2017
Criminal Lawyer: Nisha Jones,
 replied 8 months ago

Once it sealed you definitely won't have to worry about this affecting your future employment opportunities.

Is your question whether a civil lawsuit can be filed for lost wages due to the miscommunication that took place recently with Walmart?

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Customer reply replied 8 months ago
sentence was set aside dec 9 2016 and will be sealed if I did all the court wanted (which I did) 12 9 207
Customer reply replied 8 months ago
or potential lost wages for other employers as now it is in the system
Customer reply replied 8 months ago
are you still there?
Criminal Lawyer: Nisha Jones,
 replied 8 months ago

I understand. Unfortunately no, based on the information that you've shared, there is not a legal cause of action that would give you an avenue for a lawsuit here.

The law in essence views the legal case and its consequences as being your responsibilities.

I understand it's a frustrating situation though. The good news is that from here on out, since the record will be sealed, it won't be affecting your jobs with future employers.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Criminal Lawyer: Nisha Jones,
 replied 8 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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