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should some felonies fall off over time?


Guest oldslowchevy

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Posted

I believe that some felonies could have an expiration date, as a first step. And I believe that those crimes, non-violent in nature, should never have been felonies in the first place.

I have a friend who is a combat veteran marine, Korean War, former competitive pistol shooter, who cannot own a firearm because of an IRS felony conviction. A tax dispute! Which, of course, the IRS won, as they do 99.99% of the time.

We need some laws revamped, or we'll have half the population in jail with the other half guarding them. We could use LESS government.

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Posted

but the system needs to be fixed, changed, re-evaluated, and crimes need to be recategorized

That’s what got us to where we are now. I can remember when rape was rape. It was a violent brutal crime and the sentences reflected that. Now you can be charged with rape if a chick gets drunk, has consensual sex with you, and decides she was too drunk and you raped her.

The “family Fight†laws were changed from the crimes of assault or battery requiring a witness or some evidence of a battery, with the Officer having discretion, to “Domestic Violence†requiring an arrest with no evidence and taking the Officers discretion away. And then the Feds take your guns rights on a misdemeanor charge.

As I said before I don’t see anyone introducing legislation making it easier for convicted criminals to get guns. I’m sure it’s going to go the other way.

I also believe that employers have a right to know your criminal history; that’s why some do background checks. They deserve to have the facts and then you can discuss them in the interview. If you think you can make a case as to why they should hire you with a DUI or drug possession conviction; you have that opportunity. But to hire you in and then find out later they have to let you go because of a prior conviction doesn’t help anyone.

Guest WyattEarp
Posted
I also believe that employers have a right to know your criminal history; that’s why some do background checks. They deserve to have the facts and then you can discuss them in the interview. If you think you can make a case as to why they should hire you with a DUI or drug possession conviction; you have that opportunity. But to hire you in and then find out later they have to let you go because of a prior conviction doesn’t help anyone.

problem is many employers run a background check and when they see something, they assume that you are trouble and you will be nothing but trouble, and they don't want to deal with it and dont give you an opportunity to present your side of it and then that's the end of it. They don't call you, they don't ask you to discuss it, they just throw your resume in the trash, and many people who simply have an arrest but no conviction that shows up on their background check, and dont get any consideration.

Posted
problem is many employers run a background check and when they see something, they assume that you are trouble and you will be nothing but trouble, and they don't want to deal with it and dont give you an opportunity to present your side of it and then that's the end of it. They don't call you, they don't ask you to discuss it, they just throw your resume in the trash, and many people who simply have an arrest but no conviction that shows up on their background check, and dont get any consideration.

You are correct. People that have not been arrested or convicted of anything may bump you out of a job. If I were to see recent DUI or drug charges I could easily interpret that as someone with a substance abuse problem that would not be a reliable worker. If their resume looked good enough I might ask for an explanation; if not, I wouldn’t risk it.

If you haven’t been in trouble in a long time and you have the money, you can get charges expunged. Sure, they aren’t gone from someone (like the military or a Police Department) running a background check on you, but they might not show up for the average BG check. And yes, some places want to know about arrest whether you were convicted or not; they will decide if it is a factor to your employment.

Jobs are hard to come by, people need to know that they may miss an opportunity or be banned from it all together by criminal acts. I know full well that people change, but that doesn’t mean they get the same consideration as people that chose never to commit a criminal act.

I made the decision to carry a gun in Illinois; I thought it was my right and if arrested I would fight it all the way to the SCOTUS. That was stupid, but I truly believed what in what I was doing at the time. After the appeals court kicked my case back to the trial court, I cut a deal for court supervision and the charges were dismissed after a year. Even though dismissed a records check will show an arrest for “Unlawful Use of Weaponsâ€. I didn’t use a weapon, but mere possession in my car was under that chapter. I suspect if someone did a background check on me that would catch their eye. I did something stupid that I regret doing. I thought I would have the support of pro-gun groups like the NRA; I had the support of no one. I doubt I will be applying for any jobs now where that will be an issue, but had I wanted to go back into law enforcement after that it probably would have been a deal breaker even though there was no conviction on record. I made a stupid mistake and now I have to own up to it.

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