Monday, December 24, 2007

[BDSM-LegalIssues] Re: New book -- good but disturbing

It would be nice if that was the case. Reality, though, is that
expunging your record has been eviscerated during the recent "tough on
crime" craze. Expunging the record just means that you are considered
not to have a criminal record unless another law says that you have
one. I'm only familiar with immigration law, and it explicitly states
that records are considered valid even when they are expunged.

You can actually get deported for not disclosing an arrest even when
you were later cleared of all charges AND the record was sealed.

I would be very surprised if immigration law was the only area where
that was true.

--- In BDSM-LegalIssues@yahoogroups.com, "Dennis" <edgeplay_cgo@...>
wrote:
>
> --- In BDSM-LegalIssues@yahoogroups.com, Gary Charpentier
> <GldnCAGrls@> wrote:
> >
> > They can ask about conviction, felony or misdemeanor, but
> > not expunged, sealed, or pardoned offenses.
>
> If the arrest record is expunged by court order, isn't the correct
> legal answer to "have you ever been arrested," no? By expunging the
> record, the Court has ruled that it never occurred.
>
>
> - Dennis
> --
> The objection to Puritans is not that they try to
> make us think as they do, but that they try to make
> us do as they think.
> -H.L.Mencken
>

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