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Crim record and RAH interview

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Old 02-20-2011, 12:16 PM
  #11  
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Originally Posted by rickair7777 View Post
That really all depends on the details.
You can get a judge to declare you innocent in cases where your innocence can actually be demonstrated (mistaken identity, DNA, somebody else confesses, etc).
This is a misconception. In the criminal justice system a judge CANNOT declare someone innocent. First of all unless its a bench trial, a judge does not decide guilt/innocence. Secondly even if it is a bench trial (or preliminary/PC hearing) a judge cant use the term innocent for liability reasons. By ruling someone innocent it gives legal backing to the defendant for civil litigation. That is the whole purpose of the "guilty/not-guilty" decision.

As for the offense, you most certainly can try to get your most recent offense expunged, but the person hearing the request does not HAVE to do this. For as much of a headache as this issue is seeming to cause you, I would definitely invest the time and a little money if it will get rid of this charge. Better to be able to say you have no "other" offenses, rather than "Well I had this one, but...."
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Old 02-20-2011, 02:06 PM
  #12  
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Originally Posted by Stryker View Post
This is a misconception. In the criminal justice system a judge CANNOT declare someone innocent. First of all unless its a bench trial, a judge does not decide guilt/innocence. Secondly even if it is a bench trial (or preliminary/PC hearing) a judge cant use the term innocent for liability reasons. By ruling someone innocent it gives legal backing to the defendant for civil litigation. That is the whole purpose of the "guilty/not-guilty" decision.

As for the offense, you most certainly can try to get your most recent offense expunged, but the person hearing the request does not HAVE to do this. For as much of a headache as this issue is seeming to cause you, I would definitely invest the time and a little money if it will get rid of this charge. Better to be able to say you have no "other" offenses, rather than "Well I had this one, but...."
At least some states certainly have provisions for a "finding of factual innocence" or something to that effect. Police and courts are not normally exposed to liability for conducting investigations and trials in accordance with the law...that is what they exist for. If that was the case, ever scumbag who got "not guilty" on a technicality would sue for a million or two.
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Old 02-20-2011, 03:23 PM
  #13  
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Yes you are right but it's very very hard to get a ruling like that.
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Old 03-22-2011, 12:39 AM
  #14  
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Originally Posted by alpar80 View Post
I just got called for an interview at RAH and have a few blemishes in my past. All were listed on the app and was wondering how to answer them in the interview. 2 minor misdemeanors in college; 2002, 1 no info charge in florida; 2004, and misdemeanor neglegent driving charge in 2010. The last charge had a DUI associated with it but I was never charged, there was no sufficient evidence and the magistrate threw the charge out, wrongful accusation. I can fully explain everything and have all the paperwork on the outcomes of each charge. I am currently employed with an airline and am looking to get back into some larger equipment with room to move up the ladder.
If something's not on your record it's not on your record. You can find out what's there. If you were not found guilty don't be the one the convict yourself.
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