Question about "Solicitation" on Background Check

[jayhawker1980]

I asked this on a local forum and without going into all the details I used there, I will attempt to ask my question. About 10 years ago, way before Forums such as ECCIE, I went to an Incall. To make a long story short, I was picked up in a Sting. The police did nothing more than write me a ticket for “Solicitation”. I was not cuffed, not taken to the station, or booked. I got hold of an attorney, gave him a couple hundred dollars, and he said he would take care of it. He told me he had made a deal with the DA and told me I would just have to visit a parole officer a couple times a month for a couple months just to show I was keeping out of trouble. I also went to a couple Prostitution Classes and I believe paid a couple of hundred-dollar fine. At that point all I wanted to do was to not have to embarrass myself by going to open court. I’m not sure I really remember what I agreed to. I have recently been laid off and am in the process of looking for a new job. Most the applications for employment use to say, “Have you ever been convicted of a Felony”. I know to that question I could easily answer “No”. But now most companies are asking for you to list anything, except minor traffic tickets. Even DUI’s are to be listed. I have no real idea what kind of deal I made, and what would be found if they do a “Background Check”. Does anyone know how a person can check on his own Background. I don’t want to lie on an application, but I don’t want to put something on it that is not going to show up anyways. Some people have suggested to get an attorney again and see about getting this expunged. I don’t know if this can be done so long after the fact. Any ideas would be appreciated.

[ShysterJon]

I can't speak on access to criminal background information (CBI) in Kansas. But here in Texas, there are two sources for CBI: government agencies and private companies. Every large county in Texas has a web site with a CBI search function, usually for free, but sometimes by subscription only for a fee. Private companies buy CBI from government agencies and sell it to subscribers. www.publicdata.com is the big boy in the field, but there are many other such companies.

It should be fairly easy to find the web site of the county where your case was filed. For example, if I wanted to find the site here, I'd google "dallas county, texas."

Once you find the information, ask people you trust for a referral to a good criminal defense attorney. The attorney will be able to tell you whether your records can be expunged.

[atlcomedy]

Wow that sucks! I think a lot of us have to check yes, but a lot of us can explain away an incident like drunk & disorderly with a "boys will be boys" thing. Solicitation not so much

I would suggest contacting an attorney in that jurisdiction to see what can be done. I realize $ may be tight now but a respectable attorney will do a free consult & only charge you if she actually does something.

As for what actually will show up on a background check will vary depending on what kind of a check the company invests in: the company pays for them and a thorough one isn't cheap. Amazing how many firms are penny wise pound foolish.

That said, even if a company only asks about felonies on its app, be advised that there is a good chance your mistake may come back on the report anyway. It is typical to sign a waiver authorizing them to do a complete check & if they do everything will come back.

The good news is in most cases up to senior levels you will have a verbal offer before they ever order a check (again these things cost $ & they don't waste it on every applicant). At that point hopefully at least the hiring manager likes you & a heart felt "I was really just in the wrong place at the wrong time" routine & see how it plays.

IANAL, but a word about lying on an application. In most cases it is grounds for termination down the road, but it isn't a crime or at least a crime that would be prosecuted. On the otherhand, if it is anything to do with the government (including things like applications to state licensing boards) lies are often considered perjury and can get you back into deep shit criminally.

[Sarcastro]

Kansas provides an on-line records check through the KBI. http://www.kansas.gov/kbi/criminalhistory/

Alternatively, you could physically go to the county courthouse where your case was handled and the court clerk will pull the file for your inspection. Older case files might be in deep storage (they might take some time to retrieve) but they're still available through the clerk. It's worth your trouble to look up the details of your case if only to be sure that you were actually convicted and not given deferred adjudication, placed in a first offender program, or something similar.

Class C misdemeanors (except for assault) are not reported in the criminal records check from KBI. "Patronizing a prostitute" is a class C misdemeanor. http://kansasstatutes.lesterama.org/...5/21-3515.html Other background checks may turn up the conviction if they harvest information directly from the court clerks.

Your misdemeanor conviction is eligible for expungement. http://kansasstatutes.lesterama.org/...6/21-4619.html A local lawyer can tell you if a court will be sympathetic to your petition for expungement, but I think it's worth a shot.

[atlcomedy]

Originally Posted by ShysterJon

I can't speak on access to criminal background information (CBI) in Kansas..

Originally Posted by Sarcastro

Kansas provides an on-line records check through the KBI..

I realize you guys were trying to be helpful with a little perspective for him but just because his avatar says KC (which is actually in Missouri, not Kansas), doesn't mean that is where the infraction occurred a decade ago....

Therein lies the crapshoot with background checks....this could have happened in another state or jurisdiction that doesn't participate in whatever service the employer uses or the employer's service only ran a check for a few states to save a couple of bucks...but then in most cases the perp doesn't know exactly what kind of check will be done...

The other thing to consider, as a result, is a false sense of security some of us may feel with a household employee, say nanny or housekeeper, based upon a clean wham bam thank you mam check of some internet service/database

[ShysterJon]

Originally Posted by atlcomedy

...KC (which is actually in Missouri, not Kansas

Actually, there's both a Kansas City, Missouri and a Kansas City, Kansas. I deduced the thread originator lives in Kansas City, Kansas because his handle is "jayhawker1980." Any fan of the Big 12 knows a "Jayhawk" is someone from Kansas.

[jayhawker1980]

I am on the Kansas side and that is where it took place. "Rock Chalk JayHawk, Go KU"

[ShysterJon]

Was this the provider?

[ck1942]

1 - in your explanations, you never indicated that you made an appearance in Court. If you did, then you have either pleaded to a misdemeanor or the case was dismissed somehow or possible deferred adjudication, which could mean that since you went to the PO and the classes, quite likely there is a dismissal.

2 - One can argue that since you were not taken into custody that you were "not arrested." But that might not be true at all, all "citations" unless they are "administrative" are merely a summons to appear and your signature verifies that you will make the required appearance. (Administrative might apply to other city ordinances, such as noise, signs, massage license violations, etc.)

3 - The adivce above is spot on. Do your own research and uncover what is on record. You should take that and a copy of the citation (you did keep a copy, right) to the original attorney or another one and spend a couple hundred bucks just for the peace of mind (or, if you must take other action) and don't lie on an employment application because that fib can result in your being discharged after employment for nothing more than "lying on the application."

Best of luck in the endeavor.

[onehitwonder]

I replied to your other thread concerning this. When ever you plead to a lessor offense whether it be to "get it over with" or whatever be sure you're clear on exactly what it is you're doing or you'll end up like moi. I say this because you had to take prostitution classes etc so in IMO you plead out. Whatever you pled to is more than likely still on your record as was my problem, if you read my post. AND ck is on the money


Respectfully, onehit/Cheri

[latinbreeze]

Laws vary from State to State. In some, like Texas, a lawyer can plead a Class C misdemeaner for you without you being there. Also, the expunction laws vary between States. Some States allow expunctions after a certain period of time for certain cases. Other, like Texas only allow expunctions for certain Class C's or where no conviction or deferred was given (case dismissed, found not guilty, exhonerated, or never pursued by the State and Statute of limitations has run). Best to take a copy of the ticket, any paperwork you have regarding the case and/or a copy of the record from the court clerk to a lawyer from Kansas. Get advise from someone who knows the local law.

[instfixer]

Here is Texas, in order to go on site of a refinery, one has to go through background checks.
Background checks:
They ask you where you have lived
Some stuff disappears after 10 years
They only go back 7 years on background checks FOR FELONIES!
YES!!! You can do your own background check!!! cost ~$100 BUT do not tell them any offense see if the checkers can find it
AND if the background checkers cannot find it THEN nobody else can either
(Unless you are applying to be a FBI agent or something)
About county records in Texas only a certain class of misdemor and higher shows up

[Capt. Lincoln F. Stern]

I have a question about a solicitation charge in Texas, specifically Houston. in 94 I was tagged, got a lawyer who said "plead guilty, pay me 200 and the fine and it goes away fast...I was naive and did so.

I would like to know if I can get this expunged off my record, or sealed so it does not show up on a background check...

Also, what sort of conviction is it? felony or misdemeanor?

any links and help is appreciated

[ShysterJon]

Originally Posted by Spirit13

I have a question about a solicitation charge in Texas, specifically Houston. in 94 I was tagged, got a lawyer who said "plead guilty, pay me 200 and the fine and it goes away fast...I was naive and did so.

I would like to know if I can get this expunged off my record, or sealed so it does not show up on a background check...

Also, what sort of conviction is it? felony or misdemeanor?

any links and help is appreciated

If you pleaded guilty, the records in the case can't be expunged or sealed. First-offense, plain-vanilla prostitution is a Class B misdemeanor.

[Mazomaniac]

Originally Posted by ShysterJon

If you pleaded guilty . . .

FYI, if you ever want to start an argument amongst a bunch of lawyers just ask them whether it should be "pleaded" or "pled". That's sure to get the blood flowing and the sparks flying.

Cheers!
Mazo.

PS - I think Shyster's version is correct, but I'm not willing to tell that to the numerous judges in my district who use pled.