can I will be a teacher?

Discussion in 'New Teachers' started by someone25, Dec 7, 2007.

  1. someone25

    someone25 Rookie

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    I really want to be a teacher but when I was young (adult) in college. I got a misdemeanor about alcohol. Would that be a problem to be a teacher. I really really like to teach.

    If I got it expunged, would that help?...

    please... if someone had a similar situation, let me know.
     
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  3. smalltowngal

    smalltowngal Multitudinous

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    Last edited: Dec 7, 2007
  4. someone25

    someone25 Rookie

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    it did not say anything about expungement... would that be ok to expunge that record and act like it never happened?
    would that be ok to the school and legal in any sense??
     
  5. RainStorm

    RainStorm Phenom

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    If something is expunged from your record, you have no legal requirement to disclose it.

    That being said, it can be fairly difficult to get things expunged from your record. Have you talked with a lawyer to see if that is even a possibility?
     
  6. cutNglue

    cutNglue Magnifico

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    I'm curious though, if don't some applications say "have you ever been accused..." Would you be required to disclose it then? I know for most jobs that answer would be no but I know for the federal government, for example, sometimes they are held to a higher security.
     
  7. RainStorm

    RainStorm Phenom

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    According to the Miss. Code Ann. 99-19-71 (The OP is from Mississippi)

    (1) Any person who has been convicted of a misdemeanor , excluding a conviction for a traffic violation, and who is a first offender, may petition for an order to expunge any such conviction from all public records. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest. (2) Upon petition therefor, a court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
     
  8. someone25

    someone25 Rookie

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    a lawyer said it SHOULD not be a problem...

    oh i did not look at that law... so i can just say no to all questions related to that conviction.
     
  9. RainStorm

    RainStorm Phenom

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    A lot of it would depend on what type of "misdemeanor about alcohol." Are we talking about a "drunk in public" type or a DUI? One is possibly expunge-able, the other isn't.
     
  10. someone25

    someone25 Rookie

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    it was a "furnish alcohol to a minor" when I was earlier in college

    in fact, i dont even drink anymore
     
  11. RainStorm

    RainStorm Phenom

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    I'm not sure I understand your question then. If a lawyer has said it should not be a problem, then surely he explained to you the ramifications of an expungement.

    I'd go with the lawyer's advice over the advice of people who #1 don't necessarily live in your state and don't know the exact laws there, and #2 if they aren't licensed in your state, don't know the licensing laws either.

    Even if someone has been in a "similar situation".. if they aren't in your state, the results could be quite different.

    I would suggest you look at the applications for districts in your area (they usually available on line) and see if they even require you to disclose misdemeanors.
     
  12. cutNglue

    cutNglue Magnifico

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    I knew what the law said about expungement. That's not the law I would have been looking for. I would have been looking to make sure there aren't any additional codes written later to make exceptions to those rules. For example, the military asks that question especially if you are seeking top security clearance. I doubt it exists for teachers, but that's the question I would want to know and double check.
     
  13. someone25

    someone25 Rookie

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    oh thanks.
    i was just hoping someone tell me how a school would look at this case. am i disqualified to be a teacher.
     
  14. cutNglue

    cutNglue Magnifico

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    That, I don't know.
     
  15. WaterfallLady

    WaterfallLady Enthusiast

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    In Florida I know that you have to let the school district know about expunged records, and if you have a misdomenor they will look into it more and see if they think you can still teach.
     
  16. ebrillblaiddes

    ebrillblaiddes Companion

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    The rule they told us was "when in doubt, disclose." Explain that it was a dumb choice a long time ago, you've learned from it, you're not that person any more, etc. And that doesn't sound like something that would be on the "hot list" of teaching license disqualification offenses.
     
  17. teacheratheart

    teacheratheart Companion

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    In AZ, it isn't a problem with the app. You run into a problem when you go for your fingerprint clearance. Anything were you did 'harm' to a child would most likely disqualify you from being a teacher. I know a girl who had a burglary charge on her record for breaking into her uncle's house when she was like 18. He pressed charges to give her a lesson. But when she went for clearance after finishing college, they denied her. She went before the board to appeal and her uncle even came and spoke on her behalf. The board still denied her clearance. So she couldn't be a teacher. If you have to have fingerprint clearance, you might as well just try it now and see what they say. In AZ it costs about $50 but you might as well find out now before you spend all that money on school and certification and such.
     
  18. someone25

    someone25 Rookie

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    when you say fingerprint clearance, is that the FBI one?
    because i am not in AZ... i am wondering if they are doing state one or FBI one...
    did your friend try to get it expunged??? would that help?
     
  19. ebrillblaiddes

    ebrillblaiddes Companion

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    I just had an idea. You could ask a school district to run a volunteer background check on you. If your record is a problem, you'll probably be able to tell from that.
     
  20. someone25

    someone25 Rookie

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    o...
    i dont want to bother them before i get everything sure.
    can anyone tell me what they would use? do they use official background check or some private database?
     
  21. RainStorm

    RainStorm Phenom

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    I asked a lawyer friend of mine -- he said if your record is legally expunged, you do NOT have to list it on any job application.

    That being said, if you are thinking about going back to school to get credentialed as a teacher, you need to realize that most colleges will NOT accept you into the teacher credential program with a criminal record -- even a misdemeanor, if it involved "leading to the deliquency of a minor." They certainly won't let you do any internship hours or student teaching. These rules vary by college, but I looked up dozens of them, and they all say it is a long process to even be considered if you have a criminal background.

    My lawyer friend also told me to make sure you are aware that having a criminal record can keep you from being admitted to some schools (it certainly makes you less attractive than the others who are competing for entrance.) It can also keep you from getting student loans or on campus housing.

    So if you are thinking of getting loans, going back to school, or trying to get admitted to a teacher's program, I'd recommend you begin the expungement process immediately. He said it is a very long, drawn out process.
     
  22. RainStorm

    RainStorm Phenom

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    According to the Mississippi Board of Education's website, this is the procedure. Based on what I'm reading, it doesn't sound like a misdemeanor would be a problem. To be on the safe side, call the Department of Education's office and ask!!!
    Then all you'd have to worry about is whether or not the school you want to attend to get certified has different regulations.

    -------

    The applicant shall be fingerprinted in order to determine the applicant's suitability for employment. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history records check. The fee for such fingerprinting and criminal history records check shall be paid by the applicant in an amount not to exceed $50.

    If such fingerprinting or criminal history records check discloses a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in MS Code Section 45-33-23(g), child abuse, arson, grand larceny burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the applicant shall not be eligible for employment.
     
  23. someone25

    someone25 Rookie

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    thank you for your kind advice and actually ask a lawyer for me. thanks so much
    I will do it as soon as possible.
    so after i expunge it, it should be back to normal right?
    delinquency of the minor... i was not really... i was the one got into that by him... i don't know the law around here...
     
  24. MissFroggy

    MissFroggy Aficionado

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    From what I understand expungment is kept private from private employers, but state and federal employers still have access to view those records, even with expungment.
     
  25. someone25

    someone25 Rookie

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    so i guess high school is state and federal employer and also applying for a license...

    how about a college??? or state university?
     
  26. cherbear

    cherbear Rookie

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    were you a minor at the time? if you were, then the file is sealed. if not, you need to disclose it if it is on your record
     
  27. someone25

    someone25 Rookie

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    no i was not a minor but there is something called expungement... kinda like seal it... better... expunge it
     
  28. ebrillblaiddes

    ebrillblaiddes Companion

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    Has it been expunged? If you're ABSOLUTELY SURE it has been, you don't have to disclose. If you're not 100% sure, disclose just in case, because hiding it will look worse.
     
  29. cutNglue

    cutNglue Magnifico

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    That's what I suspect too.
     
  30. someone25

    someone25 Rookie

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    I got the court order. what else do i need to be sure it is expunged...?
     

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