I was arrested in 1976 for disorderly conduct in Illinois and evertime I apply for a job and they do a background check and find this arrest. I am on suspension right now from a job because this popped up on my background check. The charge was Nolle Prossed by the prosecutor when it went to court.
2006-09-13 02:57:56 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It`s a bit like trying to unscramble an egg but it can be done. First the submitting ORI will be the one that will probably have to make the change. But in order to do that you will have to retieve the court document indicating a Nolle Pross disposition to confirm for yourself that that was indeed rendered. The court where the hearing and finding were held will have the contact numbers you can call or e-mail to help get this unraveling in motion. It`s all about getting the Nolle Pross finding high lighted and in the hands of the Court, it may be very frustrating to say the least but will pay off in the end if you will stick with it.
Jim
P.S. For now I would obtain a copy of the court disposition on your case and have it certified a true copy in the Clerk of Courts office and give this to your boss to be released from suspension from work.
P.S.S. One last entry, if you did plead nollo contendere you did assume a finding of accepting a charge, just not saying you were guilty and that you were not contesting the charge.
HOWEVER,, if the prosecution Nolle Prossed that simple means he/she did not proscecute or press the charge and there would be no record on you for the alledged crime.
2006-09-13 03:11:11 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Hello, yes you were convicted, what do you think a nolo plea is.
That is why it is showing up. If he was merely an arrest that was not convicted, it would not show up except to police departments or to national security backgrounds.
A NOLO plea is a plea that says basicly " I am not saying I am guilty but there is so much evidence that I would be found guilty" In that way you are basicly pleading guilty but the crime can not be used against you latter in a civil court.
So yes you plead and it was the same as being found guilty as for as the criminal court is concerned, since a nolo plea is not say you are guilty, only they have so much evidence you would have been found guitly.
You at this point totally misunderstood the NOLO plea.
It will stay on your record forever unless you go to have it explunged. Each state has thier own rules for that, but you need to hire an attorney from the area where this is on your record from and make a motion with the court.
2006-09-13 03:03:51 · answer #2 · answered by Anonymous · 1⤊ 0⤋
As the case was nolle prossed, you were not convicted. You can follow the Illinois procedures for expunging your arrest record. If you no longer live there you'll need an Ill. attorney to do it. In the past the NCIC did not pick up state expungments, but I believe that has changed. When you talk to the attorney, ask.
2006-09-13 03:14:42 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, there is. I can't remember who you need to contact, but you need to obtain a copy of your wrap sheet and the the Nolle Prossed and send it into the authorities so they will remove it. Look to your legal/local authorities to find out where and how you need to do this.
You can also obtain representation of a lawyer to keep your job. If your job is giving you crap because of your past history, I believe this is against the law. The employer may have a policy in place, but with legal representation, and because of your situation, you may be able to get compensated for time on your suspension. Look into it.
2006-09-13 03:14:17 · answer #4 · answered by What, what, what?? 6 · 0⤊ 0⤋
if you're charged in against the law, they might want to serve you with papers and provide you with the right to guard your self in court docket. they couldn't convict you of battery except there develop into an ordeal. A letter from the DA capacity squat, mainly if it got here contained in the customary mail. save in concepts for them to convict you, they must have info. were there any witnesses? if this is in basic terms a case of "he stated, you stated" they fairly can not bypass very some distance with the case. He might want to are transforming into his arm harm in some opposite direction. i might want to take the letter from the DA and bypass right down to the place of work and discover out what is going on. perhaps they are preserving the costs to be sure in case you proceed your habit. If the protection order is valid, you had better stay away. in case you destroy the protection order they could haul you in for both the unique battery AND the violation of the protection order. in spite of this he might want to have made an enormous adequate stink they had to do something. Is his father someone major? they could have lengthy previous so some distance as they could and recognize that charging you'll in basic terms be a waste of time and funds. mainly in the experience that they don't have any witnesses to verify his tale. so some distance as having it on your record, all it fairly is on your record at present might want to be the protection order. you would possibly want to prefer to wrestle that as in some states it fairly is adequate to void your second change rights to have a gun. you would possibly want to prefer to ask for a listening to contained in the court docket that issued the protection order so that you'll be able to wrestle it. again, if there have been no witnesses and this is in basic terms a case of he stated, you stated, then the court docket has no actual valid reason to save the order in position. on the different hand, if all he did develop into yell at you and did not contact you and then you made the first bypass and harm him, that makes you the aggressor and also you probably did batter him. If there have been witnesses to again up his tale you would possibly want to prefer to leave nicely adequate on my own and under no circumstances fireplace up the nest. a sturdy rule of thumb: the first individual who TOUCHES the different guy is at fault. yet another rule of thumb: Get a lawyer.
2016-11-26 21:11:47 · answer #5 · answered by ? 4 · 0⤊ 0⤋
After three years of the charge you should be able to have it expunged.Call the court house and ask them if that's possible and they'll give you the information you need.Here it only cost $25.00.But I think it has to be a misdemeanor.Which is what your sounds like.
2006-09-13 05:42:09 · answer #6 · answered by Granny 3 · 0⤊ 0⤋
Yes but you need to hire an attorney to file for the records to be sealed.
2006-09-13 03:10:37 · answer #7 · answered by Jan A 1 · 0⤊ 0⤋
you were convicted..or else you wont be in the system.get a lawyer and if you pleaded no low..its still a conviction..
2006-09-13 03:00:27 · answer #8 · answered by Kingofreportedabuse 3 · 0⤊ 0⤋
no
2006-09-13 03:05:40 · answer #9 · answered by pahump1@verizon.net 4 · 0⤊ 0⤋