[Vettezuki]

Originally Posted by BADDASSC6

Ben,
Your previous post said nothing. You don't agree, but dealerships do take advantage of people (false arrest is pretty slimey). He will probably get paid. Blah blah, fancy words, blah.
CNJ

Let me write it in crayon then.

Buyers are responsible for protecting their interests. Dealers can't get ANYTHING a buyer doesn't agree to.

That dealers in some cases use aggressive (a.k.a., slimey) negotiating tactics is 100% irrelevant to the case here.

A false claim of arrest is criminal.

An expunged record means gone. Period.

I'm surprised the cops didn't go after the person making the false claim of theft.

I think it's an unreasonable claim for compensation, but wouldn't be surprised if he got it.

Simple enough?

[Shaolin Crane]

Originally Posted by Vettezuki

Dealers take advantage of customers precisely to the extent customers don't advocate their own interests. I'm not saying they aren't a bit slimey or tricky sometimes, but caveat emptor is still in effect. Anyway, that's not the issue here and isn't a relevant claim. It's not like cosmic justice for the times people got raked over the coals.

An expunged record means judicially erased. There maybe have been a failure to erase a record, and there may be time lapses between issuance and completion across all agencies, but expunged means gone legally. Period. Otherwise it would be an irrelevant concept. That's why people who have their records expunged run a pre-check BEFORE applying for a job where it will be checked, etc. Confirm.Confirm.Confirm.

But I am surprised the popo didn't go back to the person who made the false allegation. That's a serious nono.

If it makes you feel better he'll probably get the claim (minus the who knows how much attorney's fee). This is America. And if there's one thing we're good at other than spending money we don't have and blowing shit up, it's suing the shit out of each other and winning major "awards."

No it doesnt, I was 14 and went through 18 months of the most stringent probabtion possible, we're talking DAILY check ups, a required 3.5 GPA minimum no outside social life to and from school and was checked on every day randomly. At school and at home. Once I was done it was expunged and anything else was sealed when I turned 18, right? Wrong. When I applied for the departments it came up immediately. Last night my buddy and I got stopped for a burned out license plate light, that have these fancy new instant thumb print scanners and guess what? My booking photo and my arrest date showed up on the screen with an expungment tag next to it. Which means, it's gone but we can see what was removed. We checked a dozen times but it never goes away, ever. The best way of keeping something off your record is not being charged in the first place. This was just the first time, it happened again and they both show up, falsely accused, no conviction but it's not going away.

It may have been "removed" but it shows as
GTA Expundged
Etc expunged

Tell me that's not decimating if someone checks on you, you still have to explain why you were in that situation and what the outcome and stipulations were. I know, I still deal with it to this day. And there's nothing I can do because it already shows it was "expunged"

[Vettezuki]

Originally Posted by Shaolin Crane

No it doesnt, I was 14 and went through 18 months of the most stringent probabtion possible, we're talking DAILY check ups, a required 3.5 GPA minimum no outside social life to and from school and was checked on every day randomly. At school and at home. Once I was done it was expunged and anything else was sealed when I turned 18, right? Wrong. When I applied for the departments it came up immediately. Last night my buddy and I got stopped for a burned out license plate light, that have these fancy new instant thumb print scanners and guess what? My booking photo and my arrest date showed up on the screen with an expungment tag next to it. Which means, it's gone but we can see what was removed. We checked a dozen times but it never goes away, ever. The best way of keeping something off your record is not being charged in the first place. This was just the first time, it happened again and they both show up, falsely accused, no conviction but it's not going away.

It may have been "removed" but it shows as
GTA Expundged
Etc expunged

Tell me that's not decimating if someone checks on you, you still have to explain why you were in that situation and what the outcome and stipulations were. I know, I still deal with it to this day. And there's nothing I can do because it already shows it was "expunged"

Sounds like you're screwed in California in the case of applying to LE.

Q: What is expungement?

A: The terms "expungement" and "sealing" are often used interchangeably, but there are some differences. "Sealing" is when criminal records are hidden from the general public. "Expunging" a criminal record means the record is completely destroyed. It's as if the crime never happened.

Each state has its own definition of expungement, based on different rules and laws. Some states may not use the term "expungement," but rather use terms like "expunction," "removal," or "destruction" of criminal records. And even if the term "expungement" is used, the records may not completely "disappear" and may still be available to law enforcement.

Check the laws of your state to see if and when expungement is available and what happens to your criminal records. If you have any questions, talk to an experienced criminal law attorney.

Have you ever talked to an attorney who knows his head from a hole in the ground about this in your specific case?

Did you check with a standard background check or have someone in government check for you? The point of expunging a record is that a prior record cannot be used as grounds for not hiring/leasing/lending, etc. . . . at least in the private sector. (In some states you can even expunge a conviction with time served after a certain period.)

If they have an erased record that's just marked as expunged that government uses internally, I don't know. If so sounds like one more reason to have as little to do with them as humanly possible.

For reference: http://criminal.lawyers.com/expungem...ement-FAQ.html

[Vettezuki]

Guy, maybe you can get enkeivette to help you when he passes the BAR. The following appears to be the specific Penal Code in California.

Sealing juvenile records
Cal. Pen. Code §§ 1203.45 and 851.7

Expungement of arrest record when accused was never charged or tried
Cal. Pen. § 851.8

But it may not help in the case of applying to LE in CA. I simply don't know.

[Shaolin Crane]

It doesn't, agencies can see EVERYTHING that's EVER been on your record, which means if they can, anyone can. It doesn't ever go away, it just means you don't HAVE to disclose it in certain situations. As for me, it will always be there, no matter what I do. Same goes for the dude in question of the post. We don't know him or his life style but you can bet your ass I would be pissed and pretty shook up if I bought a vehicle, paid for it, then was arrested and booked because they were dicey pieces of shit. The 2.2 million is a large enough sum to realize they fucked up badly and it needs to sting for them to realize the gravity. Like you said it's lucky no one is in prison for what they did.

[Shaolin Crane]

Originally Posted by Vettezuki

Sounds like you're screwed in California in the case of applying to LE.




Have you ever talked to an attorney who knows his head from a hole in the ground about this in your specific case?

Did you check with a standard background check or have someone in government check for you? The point of expunging a record is that a prior record cannot be used as grounds for not hiring/leasing/lending, etc. . . . at least in the private sector. (In some states you can even expunge a conviction with time served after a certain period.)

If they have an erased record that's just marked as expunged that government uses internally, I don't know. If so sounds like one more reason to have as little to do with them as humanly possible.

For reference: http://criminal.lawyers.com/expungem...ement-FAQ.html

I've talked to a few attorneys, there's nothing I can do, every time I apply to any government agency, L.E. or even city jobs, it shows up. It wont show up on lending or a standard background check but it's still there, which means its the same for this dude too. I hope he gets the full 2.2 plus attorney fees.

[Vettezuki]

Originally Posted by Shaolin Crane

. . .It doesn't, agencies can see EVERYTHING that's EVER been on your record, which means if they can, anyone can.

Originally Posted by Shaolin Crane

It wont show up on lending or a standard background check but it's still there. .

That's my point. I didn't know there were still bread crumbs of a record that government might use, but NOT in the private sector standard background checks. Kinda the point of expunging records is so that you're not unduly stigmatized in society. I'm sorry you have to deal with that, but applying to anything from government is about the furthest thing from my mind possible so I didn't even consider it.

[Shaolin Crane]

Originally Posted by Vettezuki

That's my point. I didn't know there were still bread crumbs of a record that government might use, but NOT in the private sector standard background checks. Kinda the point of expunging records is so that you're not unduly stigmatized in society. I'm sorry you have to deal with that, but applying to anything from government is about the furthest thing from my mind possible so I didn't even consider it.

We have lots of government contracts that require classified clearance, we can't obtain yearly classification passes because of what I was accused of when I was younger and my dad cant because he was married to the person that fucked me over and she herself was the one convicted of stuff. Not him.

We don't know him but he deserves the money. This shit doesn't go away, ever.

[Vettezuki]

Originally Posted by Shaolin Crane

We have lots of government contracts that require classified clearance, we can't obtain yearly classification passes because of what I was accused of when I was younger and my dad cant because he was married to the person that fucked me over and she herself was the one convicted of stuff. Not him.

Sounds like a staggeringly idiotic system. At least you can still get the work.

We don't know him but he deserves the money. This shit doesn't go away, ever.

That's a bit of a stretch. I'm curious where the 2 million figure came from. Sounds pretty amazingly arbitrary.

Anyway, I stand by most of what I said. But I stand corrected that records (at least in CA) are not fully destroyed and can apparently be used as grounds in seeking employment or contracts with the government. Sorry for your trouble, but never gonna be a problem for me.

[Shaolin Crane]

Aren't you a sound engineer of sorts? Would you turn down the work if the government approached you for contracting?

Look at it this way, he was likely arrested at his own home, in front of his family, friends and neighbors. Was booked and held in a cell like every other criminal there. It's infuriating to anyone and he deserves a payout for it, whether the 2.2m is a proper sum or not the dealer needs to feel it bad. If they did some slimey shit like this what other stuff have they done and not blinked an eye at?

Also look at how the game usually works, no on wants to go to trial and the higher the initial suit amount the higher the pre-court settlement will be. I'd guess in the 1-1.2m range. Which is not out of the question for the situation.