Full question:
I was seventeen years old when i got arrested for a simpel burglary charge. this took place in nineteen eighty seven. i served three years probation and my parole officer told me after i completed my term i could check no on the application. I tried that but didnt work, so later i got my records expunged. i started working for a sheriffs office for four and a half years till i resigned. i changed my mined on resigning but they ran another background on me and found my okd mug shot. There was no recored with it just the picture. I dont know if they were going to let me go or not but i decided to go ahead and resigne. Later i tried to get work else where but never could. Even though had openings and I made all the requirments never got any job. I asked why but they would never give me a good reason. I had a friend run another background on me and it came back clean. I think my past employer might be telling them about the old record. the funny thing he hired me back but only part time and in at the jail now. i want to know would it be best to tell future employers about my past or what and what can I do to proceed with my carere Respectfully Vernon
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Louisiana
Answer:
You are legally allowed to say no when asked if you’ve ever been convicted once the crime is expunged. Therefore, it is not recommended to disclose an expunged conviction. In some cases, not all records are expunged. You may need to petition the court to specifically order that the photographs be expunged by the department that retains it.
A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to expunge public records. Please see the link to the form below.
Employees in some cases sue former employers for libel (defamation in written form) or slander (defamation in oral form). A defamatory statement is one that harms a person's reputation by lowering his or her standing in the community or deterring others from associating with him or her. Defamation exists when the statement is false, communicated to a third party, and no special privilege exists. Successful lawsuits have been based on statements in discharge letters and negative references to prospective employers. Truth is an absolute defense in any defamation lawsuit, and thus it is important that an employer always state truthful reasons for any termination.
It is illegal for an employer to injure, through misrepresentation, an employee’s reputation or prospects for new work. An employer could be held legally liable if any false information was provided, especially if it is disparaging or accuses an employee of criminal behavior or immoral conduct, unless the employer believed in good faith that the information was true.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
