Monday, December 24, 2007

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

--- In BDSM-LegalIssues@yahoogroups.com, "Dennis" <edgeplay_cgo@...>
wrote:

> 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.

In a perfect world, I suppose. If only things were so simple in this
digital age. See...

Expunged Criminal Records Live to Tell Tales
http://www.nytimes.com/2006/10/17/us/17expunge.html?_r=3&oref=login&oref=slogin&oref=slogin

Also, please be aware that there are limits as to what sort of records
can be expunged, and whether such an expungement actually affects the
information in other registries and public records. See...

Obtaining or Expunging a Criminal Record
http://www.expertlaw.com/library/criminal/criminal_record.html

So, back to your question. Would I still feel comfortable answering
in the negative, knowing that my employer would be likely to uncover
information to the contrary anyway?

Probably not. It's one thing to have an arrest in one's youthful
past. Yet quite another to appear the liar today. Perception can be
everything in these situations, and it doesn't serve me well to risk
being regarded as a candidate who may be trying to hide something.

Best,
~Charmaine

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