985 users online (198 members and 787 guests)  


Websleuths News


Results 1 to 13 of 13
  1. #1
    Join Date
    May 2005
    Location
    East of the Mississippi
    Posts
    1,209

    Loss of Rights as a Felon

    I am interested in what rights raven has lost being a convicted felon. Maybe somebody with more legal information can help me here.

    I'm also wondering after the probation period, does anything change for raven?

    A background check will continue to show these felonies for the rest of his life?

    After so many years, are any rights returned to the felon?
    Justice For Janet Christiansen Abaroa!

  2. #2
    Join Date
    May 2005
    Location
    East of the Mississippi
    Posts
    1,209
    I've found these so far:

    1. No right to bear arms.

    2. No right to vote.

    3. No right to serve on a jury.
    Justice For Janet Christiansen Abaroa!

  3. #3
    terminatrixator's Avatar
    terminatrixator is offline All Posts JMO - May Godspeed Justice for Janet and her unborn child!
    Join Date
    Apr 2005
    Posts
    2,511
    Theoretically, federal law allows persons convicted of felonies in a federal US Courts to apply to have their record expunged. However, the US Congress has refused to fund the federal agency mandated with handling the applications of convicted felons to have their record expunged. This means that, in practice, federal felons cannot have their records expunged.

    I believe to get a felony wiped off their records, you have to ask for a pardon from the Governor of the State in which the Felony occurred.

    Most IT jobs out there do background checks. Computer technology is one of those fields in which the individual is entrusted with information that is crucial to the business, therefore most computer related, technology based Companys do background checks and they will not, for fear of hurting the company, hire a convicted felon, which is usually clearly stated in their hiring guidlines.

    Regarding applications:
    You must be truthful. If you lie, you risk losing your job—not because of your record, but because you lied about it. For example, don’t volunteer information about a misdemeanor if you’re only asked about felonies.


    Employers or potential employers can get information about your criminal record from a credit report, the state police and/or from a record check on a national level. In most cases, the employer must first get your permission in writing. In general, the employer can find out about:


    Arrests during the last seven years, and
    Any convictions (no matter when it occurred).


    You will be automatically disqualified from getting the following jobs and/or licenses:

    Private detective and private security personnel: You will be denied a private detective’s license if you have been convicted of a felony; if in the prior 7 years you have been convicted of illegal narcotics possession, criminally negligent homicide, 3rd degree assault, 2nd degree threatening, 1st degree reckless endangerment, 2nd degree unlawful restraint, 1st or 2nd degree riot, inciting to riot, or 2nd degree stalking; if you have been convicted of any offense involving moral turpitude; or if you have been discharged from military service under conditions that demonstrate questionable moral character. You cannot work for a licensed private detective, guard, or security officer if you have been convicted of a felony, any sexual offense, any crime that would question your honesty and integrity, or if you have been denied a private detective’s license.

    Bail enforcement agent or bail bond agent: You will be denied a license to work as a bail enforcement or bail bond agent if you have been convicted of a felony, illegal narcotics possession, criminally negligent homicide, 3rd degree assault, 2nd degree threatening, 1st degree reckless endangerment, 2nd degree unlawful restraint, 2nd degree failure to appear, 1st or 2nd degree riot, inciting to riot, or 2nd degree stalking.

    Taxi driver, livery driver, or bus driver: To get a commercial driver’s license (CDL) to transport passengers, to drive a taxi, livery cab, activity vehicle, school or public bus or van, you must provide evidence that you have no criminal record and that you have not been convicted of driving under the influence within five years of the date of your application. You may also be denied a CDL if you have been convicted of certain driving violations (usually involving drugs, alcohol, felonies, and serious traffic violations), even if it occurred while you were driving your own personal vehicle.

    Firearms sales: You cannot be hired to sell firearms in a retail store if you have been convicted of a felony, illegal narcotics possession, criminally negligent homicide, 3rd degree assault, 2nd degree threatening, 1st degree reckless endangerment, 2nd degree unlawful restraint, 1st or 2nd degree riot, inciting to riot, or 2nd degree stalking. You may work in another department in the store, as long as the store does not mainly sell firearms.

    Pawnbroker: You cannot get a license to be a pawnbroker if you have been convicted of any felony. Your fingerprints will be taken and a criminal background check done when you apply for such a license.

    Jewelry sales: You cannot get a license to have a business that buys gold, silver, platinum, watches, precious stones, or coins if you have been convicted of a felony. Your fingerprints will be taken and a criminal background check will be done when you apply.

    Airport personnel: You cannot work as a security screener or in other airport jobs with direct access to airplanes and secure airport areas if in the prior 10 years you were convicted of (or found not guilty by reason of insanity) certain crimes involving aircraft and/or navigation; murder; assault with intent to murder; espionage; sedition; treason; rape; kidnapping; unlawful possession, sale, distribution or manufacture of an explosive or weapon; extortion; armed or felony unarmed robbery; distribution of, or intent to distribute, a controlled substance; a felony involving a threat; a felony involving willful destruction of property; importation or manufacture of a controlled substance; burglary; theft; dishonesty; fraud; or misrepresentation; possession or distribution of stolen property; aggravated assault; bribery; illegal possession of a controlled substance (if punishable by more than 1 year); any felony involving placing contraband on an aircraft for money; or conspiracy to commit any of the crimes mentioned above.

    Armored car crew members: You cannot work as an armored car crew member if you were convicted of any crime that would disqualify you from getting a firearm license or permit.

    Employee benefit plans: You cannot work in any job involving employee benefit plans for 13 years after conviction or end of imprisonment for offenses including robbery, embezzlement, bribery, extortion, fraud, grand larceny, burglary, arson, felonies involving controlled substances, murder, rape, kidnapping, perjury and others unless a court specifically orders otherwise.

    Unlicensed home child care provider: You cannot receive payment from the state for providing unlicensed child care if you have been convicted of any crime involving sexual assault of a minor or serious physical injury to a minor. The state will not pay you for providing child care if you have been convicted of a felony involving the use, attempted use, or threatened use of physical force against another person; cruelty to persons; injury or risk of injury to or impairing morals of children; abandonment of child under 6; any felony where the victim is under 18; any sexual assault. A check of the state child abuse registry is also required and payment will be denied if there is a substantiated report of child abuse.
    "All that is necessary for the triumph of evil is that good men do nothing." ~ Edmund Burke

    "Safety never takes a holiday" ~Britney Romito

    "It's easier to KEEP Raven happy, than it is to MAKE Raven happy." ~Janet Christiansen (Abaroa)

    "Right now you have the capabilities of being a God" ~Karen Abaroa Bolton

  4. #4
    terminatrixator's Avatar
    terminatrixator is offline All Posts JMO - May Godspeed Justice for Janet and her unborn child!
    Join Date
    Apr 2005
    Posts
    2,511
    From what I can tell, it seems that, let's say, a convicted Felon, we all know and hate, got a job where you work, Radio Shack, for instance, and he did not check that little box that is on every application, that I have ever saw, stating Have you been convicted of a felony, and it becomes known to other employees, customers, etc., the Employer can be sued for hiring this convicted felon if it is deemed that others are do not feel safe.

    Employers have a DUE DILIGENCE to check out applications:


    Negligent hiring lawsuits — a serious risk for employers

    Lawsuits for negligent hiring are one of the fastest growing areas of tort litigation. Employers are being hit with multimillion dollar jury verdicts and settlements, as well as enormous attorneys’ fees.


    http://www.esrcheck.com/articles/RME2.php

    Due diligence is a must
    The threat of being sued for negligent hiring is far from theoretical. Lawsuits for negligent hiring are one of the fastest growing areas of tort litigation. Employers are being hit with multimillion dollar jury verdicts and settlements, as well as enormous attorneys’ fees. Firms that do not perform hiring due diligence as part of their standard risk mitigation processes are sitting ducks for litigation.

    A program of due diligence also protects the employer in case a bad hire slips through. If an employer can convince a jury that the employer exercised due diligence and acted in a reasonable fashion, then the employer has a powerful defense against a lawsuit.

    What if the employer was not aware that a potential hire had a criminal record, or the potential hire lied about not having a record?

    Claiming that an employer had no duty to conduct a background check because the employer was not aware of a criminal record or the applicant hid it or lied about it was rejected in a case decided by the Fourth Circuit Court of Appeals in 2004. The Appellate Court, citing an earlier court decision, determined an employer can be liable for the acts of an employee on a theory of negligence, when:

    “an employer in placing a person with known propensities, or propensities which should have been discovered by reasonable investigation, in an employment position in which, because of the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury to others.”

    See Blair v. Defender Services., 386 F.3d 623 (4th Cir., 2004).

    Avoiding a bad hire
    Here are three steps an employer can take today as part of the application process to greatly improve their chances of avoiding a bad hire. An employer should make certain that:

    STEP 1: All applicants understand there is a background checking policy and that a consent for a background check is required. This discourages applicants with something to hide from applying in the .rst place.

    STEP 2: The employment application asks about criminal convictions in the broadest possible language allowed in your state.

    STEP 3: The application contains language that if an applicant lies in the application or hiring process, or omits a material fact, that is grounds to terminate hiring or employment, no matter when discovered.
    "All that is necessary for the triumph of evil is that good men do nothing." ~ Edmund Burke

    "Safety never takes a holiday" ~Britney Romito

    "It's easier to KEEP Raven happy, than it is to MAKE Raven happy." ~Janet Christiansen (Abaroa)

    "Right now you have the capabilities of being a God" ~Karen Abaroa Bolton

  5. #5
    terminatrixator's Avatar
    terminatrixator is offline All Posts JMO - May Godspeed Justice for Janet and her unborn child!
    Join Date
    Apr 2005
    Posts
    2,511
    I must laugh right now, because Raven couldn't get a job as a taxi driver if he tried lol.
    "All that is necessary for the triumph of evil is that good men do nothing." ~ Edmund Burke

    "Safety never takes a holiday" ~Britney Romito

    "It's easier to KEEP Raven happy, than it is to MAKE Raven happy." ~Janet Christiansen (Abaroa)

    "Right now you have the capabilities of being a God" ~Karen Abaroa Bolton

  6. #6
    Join Date
    Aug 2003
    Posts
    7,188
    Well, there's always McDonalds ... oh, wait, you probably have to handle cash, oops NO SALE.

  7. #7
    Join Date
    Apr 2005
    Posts
    332
    We also have to remember that Raven is on probation - that means no associating with other felons, pay restitution on time or probation can be revoked and checking in with probation officer every month. Also Raven will not be able to drink or take drugs unless prescribed by a doctor.

    These things can be ignored by Raven but if his record is checked each month to make sure he is making restitution people can contact the court clerk and find out what is going on since it is public information.

    Finding a job other than manual labor will be very hard to find right now so he may have to actually get his hands dirty for a change (other than falling down on a soccer field).

  8. #8
    Join Date
    Jun 2005
    Posts
    596
    He can forget about working for the corporation that owns my company...you get a background check if you just want to answer the phone, let alone be a business manager, textile worker, or work in a Christian bookstore. He wouldn't be hired for NOTHIN!

  9. #9
    Join Date
    May 2005
    Posts
    447
    Bump

  10. #10
    terminatrixator's Avatar
    terminatrixator is offline All Posts JMO - May Godspeed Justice for Janet and her unborn child!
    Join Date
    Apr 2005
    Posts
    2,511
    He can always go back to work at his first job, what was it, a bike shop?
    "All that is necessary for the triumph of evil is that good men do nothing." ~ Edmund Burke

    "Safety never takes a holiday" ~Britney Romito

    "It's easier to KEEP Raven happy, than it is to MAKE Raven happy." ~Janet Christiansen (Abaroa)

    "Right now you have the capabilities of being a God" ~Karen Abaroa Bolton


  11. #11
    Join Date
    May 2005
    Location
    East of the Mississippi
    Posts
    1,209
    Quote Originally Posted by terminatrixator
    He can always go back to work at his first job, what was it, a bike shop?
    Talk about climbing the corporate ladder the wrong way!
    Justice For Janet Christiansen Abaroa!

  12. #12
    Join Date
    Jun 2005
    Posts
    596
    Quote Originally Posted by ewwwinteresting

    Talk about climbing the corporate ladder the wrong way!
    He's fallen....and he can't get up! (sorry, couldn't resist!)

  13. #13
    terminatrixator's Avatar
    terminatrixator is offline All Posts JMO - May Godspeed Justice for Janet and her unborn child!
    Join Date
    Apr 2005
    Posts
    2,511
    Quote Originally Posted by LTUlegal
    He's fallen....and he can't get up! (sorry, couldn't resist!)
    "All that is necessary for the triumph of evil is that good men do nothing." ~ Edmund Burke

    "Safety never takes a holiday" ~Britney Romito

    "It's easier to KEEP Raven happy, than it is to MAKE Raven happy." ~Janet Christiansen (Abaroa)

    "Right now you have the capabilities of being a God" ~Karen Abaroa Bolton



Similar Threads

  1. GUILTY NV - Richard Schlacta for sexual assault of 13yo girl, Las Vegas, Aug 2013
    By rainwater in forum Recently Sentenced and Beyond
    Replies: 1
    Last Post: 05-02-2014, 08:36 PM
  2. GUILTY OK - David Earls for raping 4yo girl, Wister, 2008
    By Ms.Heather in forum Recently Sentenced and Beyond
    Replies: 15
    Last Post: 02-08-2011, 08:12 AM
  3. Felon Shoots Self
    By FLMom in forum Up to the Minute
    Replies: 1
    Last Post: 06-15-2008, 03:23 PM