Criminal Records, Expungement At Wit's End w/spouse's Past

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exasperated

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:dunno: If there is a God, maybe He will present some answers for me from this post.:angel

I married a man with a past. I knew it when I married him but I thought we could leave it behind. Unfortunately, despite our best efforts it haunts us all the time.

7 years ago my husband (single at the time) got involved with a disturbed woman. The relationship was toxic. She was manipulative and psychotic. He was under the influence and had reeeally poor judgment. After he booted her out of the house numerous times, she confronted him while he was drunk. Her rage got physical and my husband pushed her into a wall.:no:

One thing led to another and he was thrown in jail under a domestic arrest. The cop who arrested him was fooling around with her at the time (we found this out later). Disciplinary action was taken against him by the force for other bad conduct while he was on the force.

After she lied her way through court and with no help from the Public Defender, my spouse was convicted of FELONY MENACING in the state of Colorado. (We now live in PA.)
She was already an employee in the system (Social Worker with connections in a small town) so we have no idea if this had any bearing on such a strict conviction.

He served 2 years in jail and 1 year of probation. He was happy to serve it just to get away from her.

He is being denied many employment opportunities now because of this. My husband is a delightful man, intelligent, changed in attitudes and drug-free. He enjoys working with people but he cannot get a job that he wants due to his criminal record.

We are at our wit's end.

I should mention that she has continued to follow him even after our marriage to make and create trouble.

We have called the police and have gone through all necessary legal avenues to prevent her from showing up. She was arrested and pleaded guilty to trespassing but had her lawyer (a luxury we cannot afford) plea down her stalking charge. She paid her fine and was released. She still comes around and drives away.

I doubt there is anything we can do to leave this troubled part of the past behind us. I pray for peace but feel like we have fallen through the cracks.

He deserved a punishment for throwing her against a wall but the severity of it was unfair.

I know there is no hope for our case but I just wanted to let others know that you are not alone if you feel like the justice system failed you. It works for some but like all things in life, it's not without it's flaws and problems. We still believe in it and still have faith that justice will be served but for us, it's a myth. We can't ever believe we can get the jobs we want because that past will always show up on his background check.

Thanks for listening:)

God Bless.
 
He can try to be upfront with any employer about his past so as when it comes up it may turn into a non-issue. However, that being said, he can't bash ex-wife when he does so. he can only say he was wrong, has grown as aperson, and is looking for a second chance to prove himself with this employer and will work twice as hard, blah-blah. If you are able to hire an attorney, he may be able to have the felony reduced to a misdomeaner on his record. BUT, I do not know if this is possible or not but my nephew was able to do that for a former felony drug charge. If he joins some self-help groups like NA/AA, sometimes contacts are made where people help one another with employment. Good luck and I am sorry for your troubles.
 
He may want to look into trying to expunge that charge. May not be able to do it, but I would look into it.

I would document when this woman comes around (video record it). IF you have enough, a person would think when a judge seen this crap, he/she may send the woman off on a nice vaction with others that have mental problems.
 
It is not legal in all states to videotape someone without their knowledge so check your state laws first! Felony charges cannot be expunged.
 
Some felonies can be expunged. Depends on the crime.

The "Three Strikes Law" passed in Cal. is a law that mandates that anyone convicted of two prior violent or serious felonies who is convicted of any felony on a third offense whether or not it is serious or violent faces a sentence of 25 years to life or three times the sentence for the third crime, whichever is greater.

BUT:

In the case of People V. Superior Court of San Diego (Romero) (1996) 13 Cal.4th 497, 917, P.2d 628, the California Supreme Court held that sentencing judges may dismiss a prior conviction of a defendant in a "three strikes" case if doing so is "in the furtherance of justice". You have to request a "Romero Hearing" when three stikes may apply.

Depending upon the state, Felonies usually require you to wait 10 years after the conviction. If your state does not have an expungement law, you can file in Federal Court for expungement.
 
Scooterdog, only each state can expunge or give expunction permission for its charges.You can't skip their rights.........Feds do only federal charges. The president can't even pardon a state's charge.
 
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mafioso said:
Scooterdog, only each state can expunge or give expunction permission for its charges.You can't skip their rights.........Feds do only federal charges. The president can't even pardon a state's charge.
Click to expand...


First of all, you have your flow of power reversed. Second, I never said the president could pardon you for a state crime, but, the Governor sure could.

If you are in a state with no expungment laws, then you have no choice but to file in Federal Court to protect your rights. You file a civil action, and you call it:

PETITION FOR RELIEF BY EXPUNGEMENT

And then you file a restraining order with it:

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PLAINTIFF'S LEGAL RECORDS SHOULD NOT BE SEALED, EXPUNGED, CLOSED AND BY ANY OTHER MEANS TO BE MADE UNAVAILABLE TO EMPOYERS OR THE PUBLIC.

And you list as defendants:

Name of state and all agencies including:
Court Clerk, Prosecutor, State Attorney
Gereral, County Prosecutor, Chief of Police
and others known to have legal records.

:yes:
 
Do I understand correctly? 7 years ago he did something and spent 2 years in jail. He's been employed since then but just not in the "job he wants."

He needs to get in with the right company that has long term opportunities and work his tail off to get noticed by the people who hire for the jobs he wants. He can not job hop or he will add further unemployable problems to his history. He needs to be grateful to an employer that hires someone with a criminal past and earn his reputation back.
 
I respectfully beg to differ……..Colorado has expunction rules. You should direct him to that……. Secondly, I don't have my answer in reverse….I stated pardons as an example of separation of power at state and federal levels……. Let's see federal courts standing on this issue as to federal guidelines even though I mention it is a state's prerogative…Each state has methods to correct records even states with no expunction laws……….. "Federal law does not provide for expungement of a criminal conviction as a matter of statutory right. There is some authority that courts retain the equitable power to order an expungement, but only in extreme circumstances, such as with respect to an illegal conviction, a conviction under statute later deemed unconstitutional or a conviction that was obtained by way of government misconduct".

In this case, the conviction was legal……. So as you see feds involvement is very limited even in federal convictions.
You might want to research further………….even the less that 10 states with no expunction statutes have state methods for handling records in the state's court system not in US federal courts. With this I rest my case for good.
 
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