This system is designed to work against you.

@JamahlKersey

4 жыл бұрын

That's why you've gotta be smart and work the system!

For government background checks for secret clearance I've noticed that at that level they ask "have you ever been arrested for any reason and if so why?" Under that it is like, "have you been convicted of any crime in the last 7 years" or something like that. So getting arrested is such a stain on your record for secret clearance that it never goes away unless you have some lawyer magic.

@JamahlKersey

2 жыл бұрын

When it comes to the government, nothing ever goes away, unfortunately.

This was an issue discussed in connection with people who got arrested due to Hertz falsely filing a stolen vehicle report.

@JamahlKersey

13 күн бұрын

That would be terrible, getting arrested for and accused of auto theft over a clerical error?

Although I have never been arrested, I believe that if a person has not been charged or has been acquitted, the record should be removed and destroyed. It should not be "sealed" or "expunged". Companies and government agencies should be held liable if they reject you on a mistake. If they reject you, they should be required to tell you about the background check. There have been cases where mistakes have been made; i.e., the background software went haywire. Why do you have to hire a lawyer at $500 per hour to correct someone else's mistakes? I have 2 rules: 1) Only apply to small businesses that can't afford the background software and no HR department; and 2) Be self-employed. Never submit to fingerprinting. You are not a criminal!

@JamahlKersey

2 ай бұрын

I completely understand where you’re coming from.

@michaelragusa5138

2 ай бұрын

@@JamahlKersey My background problem is that I have a master's in mathematics(Went ABD for the doctorate, may eventually finish). Employers are afraid of me. Let's face it, most employers have dyscalculia or "math anxiety". A person will not hire another person who is more intelligent than he is.

Great video, thank you!

@JamahlKersey

4 жыл бұрын

I appreciate it. Thank you very much, Anna!

Thank you this was helpful

@JamahlKersey

3 жыл бұрын

I'm glad to hear that! Thank you for letting me know!

You are exactly right, they do a background check for employment and they also do a background check for apartments which I didn't even know that they do that here in Arizona. I ended up with a misdemeanor for background check for apartments I was basically like WOW 😲- say it ain't so but it is. Thank you for this video! Have a Good Day!! FYI: that's why I'm getting an enspungement, from where I grew up at. Can you do a video on that topic. How to get your records cleared according to your criminal recorded if you have one even if- you one or more things to take from your record! Thanks once again have a good day!!😊

@JamahlKersey

4 жыл бұрын

I hope you were able to get a solid apartment after all! Yes, I plan on doing a video on record clean up. There's a lot of videos I need to do, I just have to make the time! Thanks so much for watching!

Don't know if it's late to ask, however, what if you're a minor that wasn't physically arrested, but called said parents about an arrest warrant over you. Even then, you just drove to the police station right after hearing. Does that go on your record?

I got charged with felony but dropped to misdemeanor as a minor. My recent gun purchase got denied they said I had a felony but I don’t . I even had many approvals but now they’d at felony

@JamahlKersey

10 ай бұрын

There should be some sort of appeal process. You should go to the courthouse and get a certified copy of the charging document and the minute order that shows the outcome of the case. This way you’re able to show that you do not have a felony on your record. It’s not uncommon for RAP sheets to have outdated or incorrect information.

What about the case where you have a run-in with a Bad Cop who arrests you and your friend with whom you were throwing a frisbee and takes you both to jail and charges you with disorderly conduct and violation of some obscure park statue, your friend gets his phone call, talks to his dad, who immediately asks "what's the officer's name?" And when given the answer, the father says "I KNEW IT" because the cop in question is notorious for this kind of stuff and the dad happens to know the judge personally and the judge says just tell your son and his friend to put up $50 bail (can't help that) each and when the arraignment comes before me on Monday, I'll dismiss the charges..........? Would my "record" list those charges even though they were dismissed by the judge? (Yes, this happened.)

@JamahlKersey

2 жыл бұрын

Sorry to hear about that happening. Since you got booked into jail, unfortunately the arrest, and possible the charge (in court) will show up on your FBI rap sheet and state criminal history reports. In California, we have a petition for people who were arrested, but not convicted of a charge. If the petition is granted you can have the arrest removed from your record. I would reach out to an attorney to see if this is available in your state.

@leisulin

2 жыл бұрын

@@JamahlKersey But surely even if the rap sheet listed the arrest and charge, it would also list the disposition of the case, namely that it was dismissed, and thus that we were innocent. Wouldn't it?

@JamahlKersey

2 жыл бұрын

@@leisulin there should be some sort of entry indicating that the charge was dismissed. It will not say you’re innocent. I had only said that last comment because most people think that if a case gets dismissed, then nothing shows up on the rap sheet. Unfortunately, that’s not true. The only way to get something removed would be via court order from a judge.

@leisulin

2 жыл бұрын

@@JamahlKersey OK, thanks a lot for answering, I appreciate it!

@JamahlKersey

2 жыл бұрын

@@leisulin You’re welcome! I hope everything works out well. 👊🏾

thank you.

Mr. Kersey, this was an excellent explanatory video. Thank you. I just subscribed to your channel. I was arrested for a DUI and possession of a joint and pipe in Florida in 1969 when I was 19. At the time, the charge was a felony. I was told that the arrest was expunged, but 5 years later, when I attempted to join the Marine Corps as an officer since I was a college graduate, the military clearly knew, as I had to enlist rather than be given an officer's commission. My question is this: in applying for a gun permit, must I admit to having been arrested for a felony if that felony arrest was expunged? And, can I get a report of my arrest and the disposition of my case from Florida, the state in which I was arrested? Thank you very much for considering my question, and I hope your answer will help others!

@JamahlKersey

Ай бұрын

Times have certainly changed! In a lot of jurisdictions, that would just be a misdemeanor now. You should look to see if you can petition to have the felony reduced to a misdemeanor. I only practice in CA, so I’m not familiar with FL law. When it comes to background checks, even if you get an expungement, for the purpose of licensing, government jobs, and security clearance, they still have access to the entry on the RAP sheet. Whether you’d have to disclose on the application is tricky because states treat expungements differently. You would want to contact a FL criminal defense attorney regarding that. You can get the record by doing a Livescan. Request the state and FBI records. This way you’ll know exactly what’s on there. Again, I’d highly suggest looking into getting your felony reduced. Some states have forgiven some of the lower level drug and paraphernalia cases, so you could possibly walk away with no conviction at all. Best of luck!

I got charged with a misdemeanor for battery and felony for gang participation but both charges were dropped and not convicted, so i’m considered not a FELON but i am documented as a gang member ….. would i pass the DOJ backround check for a firearm?

Please I have question 4 months ago police mistakenly suspected me and took my fingerprints and pictures will it effect my visa application and what will happen next because police didn’t tell me anything until now. Thanks!

@JamahlKersey

Жыл бұрын

You’ll likely need a letter from the police department indicating that no charges were filed.

Im filling out this application for my clearance and i was wondering if i should put down i was charged with a DUI even though i was never convicted and got my case closed. I dont remember whether it took place in 2015 or 2016 and when i looked for that information on case search it isnt there anymore. How do i obtain that info because i just want to be truthful as possible about the year even if it was long ago or does that not matter if i just admit to being arrested for it around that time frame?

@JamahlKersey

11 ай бұрын

Go do a livescan and request your FBI RAP sheet and the state criminal history report. The info should be there. You can also go to the court, provide your name and date of birth and they should have some record of the disposition, including if the case was dismissed.

I was born in Chicago and arrested many times. None of that is on my criminal back ground. I was in Miami and committed a felony. They dropped the charges it's not on my criminal record. But I was arrested and charged with first degree murder. But that is on my record. Jobs be like do you have any felonies or. And you say no bit if they find an arrest they can reject you. That's insane. So if you arrested you are guilty without charge. And you get falsely accused of something. Say you are actually the victim. Youa victim all over again depending on which state you are in. That's some major BS.

I was arrested for felony burglary back in 89 wasn’t charged by Da or city attorney here in california. DOJ won’t let me own a firearm as i have no Disposition on the arrest. called up police who arrested me for a certificate of detention only , but they said my case was to old they haven’t got them. What to do i’m not a convicted felon?

@JamahlKersey

11 ай бұрын

Try contacting the Sheriff’s Department where you were arrested. They may be able to produce a certificate. Also contact the DA’s Office to request a no charge letter. Lastly, you can go to the court to request a criminal history report. If no charges were filed against you, then the court will have no record.

@richardevans3084

11 ай бұрын

@@JamahlKersey Is criminal history report same as a RAP sheet

I’m am in the process of joining the military. Wen they did a lifescan on me and ran my finger prints an arrest that I was never charged for still shows up that I was arrested for it. I don’t have a lot of money how would I go about getting the documents showing I wasn’t found guilty of it ? Because the military recruiters are going to need it . Any help or tips you can give would be much appreciated and also how would I get rid of it ?

@JamahlKersey

3 жыл бұрын

I'm only familiar with California law. Under Penal Code section 851.91, you can possibly have an arrest removed from your record if you weren't charged. If you can't afford an attorney, there should be self-help information on the court's website, or you can seek the assistance of a public defender.

@Thumper68

3 жыл бұрын

You can get the records from the courthouse or arresting sheriffs office or precinct. You can get the records for free but may have to pay for the paper copies and mailing if you don’t go in person. If you live there just go there and ask for any records.

@major6461

3 жыл бұрын

Same here right

I was handcuffed, never fingerprinted or given a court summons. Do you have any idea what the result of that would be?

@JamahlKersey

Жыл бұрын

I would need more information than that. Sometimes police put cuffs on people for a temporary detention, but they’re not necessarily placed under arrest. If you weren’t arrested, then you wouldn’t be fingerprinted. You would only get a notice to appear in court if charges are being filed against you. To resolve any doubt, you can have a local lawyer contact the DA, and they’ll be able to let you know.

My husband was arrested, but was never charged. His record was expunged, however when we tried to foster, the records popped up and we weren’t able to foster because they didn’t like the “allegations.” He was arrested for domestic violence with strangulation ( however the charges were dropped) He is NOT a violent person. He has even worked with children during all of this, so it’s confusing as to why it is still showing up.

@JamahlKersey

2 жыл бұрын

It would be wise to petition to have the arrest removed from his record.

@rachealmick692

2 жыл бұрын

ABCHACKERS⨀COM can help you

@kemangraya2382

Жыл бұрын

Many people don’t know about an arrest. Even a misdemeanor charge could ruin your life or significantly make it harder. Is it fair? I wish children were taught in school about the future impact when they committed a crime, guilty or not it will have some kind of record. Perhaps it will make america safer bcs ppl think about twice committing a crime.

Hello I have a question if I was arrested and not convicted my case was dismissed because officers violated my 4th amendment , I was charged with a felony but not convicted my public defender said my records would be sealed can I still purchase a firearm

@JamahlKersey

Жыл бұрын

You were not convicted, so your right to possess firearms should not be compromised.

@jovagarcia3722

Жыл бұрын

Also will it show on my backgrounds or any other check f

can you be arrested without being arrested?

@JamahlKersey

2 жыл бұрын

I don’t think I get the question. You can be detained without being arrested.

What about, getting arrested basically for nothing & the cops lying? No chargers filed. The person didn’t go to court; nor had their rights told to them. Basically just went to jail for 9hrs.

@JamahlKersey

2 жыл бұрын

Sorry to hear that happened. Are you asking if the arrest will be on their record, or if there’s anything they can do about it? The arrest will be on their record even though charges were not filed. Not sure which state the arrest was in, but in CA they would be able to file a petition for factual innocence to have the arrest removed from their CA Department of Justice and FBI records.

@ARIxLEE

2 жыл бұрын

@@JamahlKersey I’ve talked to a lawyer. They said that everything is trashed. The DA trashed the case. Told us to ask bc they lie sometimes.

Can an individual look up their own rap sheet?

@JamahlKersey

3 жыл бұрын

Yes. You can go to a live scan location and get fingerprinted. From there, you can request your FBI (federal) or local state RAP sheet.

@JamahlKersey

2 жыл бұрын

@@grill.daddy_3433 To be safe, you should also do a check for any state you've lived in. Sometimes, mistakes are made with the record. But for the most part, if your FBI record indicates your clean, that should be reliable info. Best of luck with your military career!

Jamahl kersey question so let's say for example I wasn't even arrested but I was essentially told that hey this is actually a crime public drinking yeah I know you weren't drunk yeah I know you didn't hurt anybody and I know you didn't know because you know you're young and stupid as they would say to me and I didn't even get arrested they just told me they was wrong and they let me go so there was nothing that happened so because I wasn't arrested therefore it's not going to record right

@JamahlKersey

4 жыл бұрын

If you haven't been arrested, there should not be anything on your record.

Change your name It is easy to do, girls do it when they get married Move to another state Change your name again

Do you have any idea about Ohio? Here even when the case is sealed it comes up to the FBI records. Is it any way to remove it?

@JamahlKersey

11 ай бұрын

I don’t know anything about Ohio, but you can try submitting your proof that the case has been sealed to the FBI to see if they’ll acknowledge the state court sealing, removing the entry from the federal record.

@panagiotisathanasiou7918

11 ай бұрын

@@JamahlKersey thanks so much