Read here or download and print the pdf version of The Background Investigator.

1. Volume 11 Number 9
September 2011
from Texas Lawyer
Precious Daniels is not what you'd call a
hardened criminal. In 2009, she was arrest-
ed for blocking a doorway during a peace-
ful protest against a health insurer in Mich-
igan — charges that were later dropped.
But Daniels claims that single arrest was
enough to prevent her from getting a job
with the U.S. Census Bureau a few months
later when the agency ran her name
through a criminal records database.
About 92 million Americans — more
than one in four adults — have some kind
of criminal history, according to the U.S.
Department of Justice. Whether it was an
arrest or a conviction, the charge was for a
felony or misdemeanor, the verdict was
guilty or innocent or the person was tried
as a juvenile or an adult, the records can all
show up in background-check
Article continues on page 3
Buffalo, New York Courthouse
PRSRT STD
Photograph by Steven Brownstein U.S. POSTAGE
PAID
PERMIT NO. 164
MORTONGROVE, IL
by Steven Brownstein
You can help physicians take simple steps to protect themselves
Story Continues from becoming subjects of lawsuits or losing sub-
on Page 8 stantial revenue.

2. Las Vegas vide by the Clerk's office, of 3 - additional working Fee is $1.00 per Year* covered by this Statute
for a fee, and the few sip- days is required to order searched per Name. Cus- must pay for research and
Justice mple (?) rules that follow: and deliver these files to tomers should specify the documents. These fees
Criminal Court the Clerk's Office. To min- number of years they wish must be provided in ad-
(From their Website) imize your waiting period, the record search to cover. vance of the request.
Jurisdiction we suggest you send a FAX Due to Nevada record re-
by Steven Brownstein Criminal Case Record in- request listing the Defend- tention standards, once a Please be aware, if the
formation is available ei- ant Name, Case Number, criminal case is closed the records are being used for
Las vegas Justice Court is ther in person or by mail. and type of documents you information is retained a legal purposes, you may
the court of first instance need. If you provide a tele- maximum of TEN (10) wish to have the court
for misdemeanors and traf- You may obtain records in phone number or FAX YEARS. Therefore, rec- "Certify" the documents as
fic offenses in Las Vegas person from the Las Vegas number, the court will noti- ords from closed cases old- "true and correct copies of
(Clark County). Justice Court Clerk's Of- fy you when the documents er than TEN (10) CALEN- the original".
fice, 2nd Floor, Regional are available. The Clerk's DAR YEARS may not be
Some misdemeanors are Justice Center, 200 Lewis Criminal Office Customer available. Fee payments are required
heard at the Clark County Avenue. Customer hours Service Division FAX for document copies and
District Court; those that are 8:00 am to 5:00 pm, number is: (702) 671-3175. To ensure complete cover- Certification of Records.
are included as lessor of- Monday thru Friday, ex- age of the search, please The Fee for a Certified
fenses to filed felony charg- cluding holidays: If you have an inquiry re- provide the following infor- Copy of a document is
es. garding an arrest or an mation: the Defendant's $3.00; and the copying Fee
Or you can request them event number, which oc- full name (Last, First, MI); is $ .30 per page.
The Clark County District through the mail. Record curred in the City of Las Date of Birth; Social Secu-
Court records are available searches requested by mail Vegas, North Las Vegas, rity Number; or other iden- To expedite return of doc-
at should be sent to: Las Ve- Henderson, or in an area tifiers. *NOTE: If a specif- uments, we suggest sending
www.clarkcountycourts.us/ gas Justice Court; Att. outside of the Las Vegas ic time period for the $5.00 to $10.00 by check or
Anonymous/default.aspx Criminal Customer Service Township, you must con- search is not given (such as money order for the Fee
Division, P O Box 552511, tact courts in those jurisdic- five (5) years), then the full payment. All overpay-
Las Vegas Justice Crimi- Las Vegas, NV 89155- tions for information. If TEN (10) YEAR time peri- ments will be refunded with
nal Court information can 2511. For faster mail ser- you wish information on an od will be searched. the returned materials.
not be found online. vice, please include a self- arrest, or criminal history
addressed, stamped enve- information, contact the The Fee payment should Information on the status
Just as a sidebar, Las Ve- lope. Metropolitan Police De- be made to the "Las Vegas of Criminal matters is also
gas Justice Court civil cases partment Records Office, Justice Court." Please use available from the Clark
are online. Please allow up to 21 - 30 their phone number is (702) a check or money order for County District Attorney's
judicial (working) days for 795-3111. the payment. Do not send Office, (702) 671-2500. If
Plus, there are no public a response. cash through the mail. you have an inquiry regard-
access computers in the By Statute, customers ing a Bad Check, contact
Clerk's office. Case Files for years prior must pay the required re- Due to Legislative chang- the District Attorney's Bad
to 2002 are stored in a search Fee for criminal case es, fees are collected from Check Unit at (702) 671-
Instead, a search is pro- warehouse. A MINIMUM record search requests. The non-criminal justice agen- 4701.
cies, the general public and
inmates according to the
fee structure guidelines.
Any agency of criminal jus-
tice will NOT be charged
fees as per Nevada Statute
179A.140. All private cus-
tomers (research compa-
nies, attorneys, etc.) not
Read
The Background
Investigator
online
PUBLISHER
Steven Brownstein
CONTRIBUTORS:
Mike Sankey, Les Rosen, Dennis Brownstein, Faheem Ebrahim
COVER PHOTOGRAPH: Buffalo, New York Court
COVER PHOTOGRAPHER:
Steven Brownstein
PURPOSE: “Dedicated to pre-employment screenings everywhere”
The Background Investigator is published by Steven Brownstein, LLC,
PMB 1007, Box 10001, Saipan, MP 96950. Phone: 670-256-7000. Copyright
2011 by Steven Brownstein. Some material in this publication must not be repro-
duced by any method without the written permission of the copyright holder.

3. ligent hiring. According to a re- an Jacqueline Berrien noted at stead, the guidelines call for em- was needlessly restrictive.
From cent survey by the Society for the meeting, it costs taxpayers ployers to make individual as-
Human Resource Management, $56 billion a year to keep people sessments of ex-cons, taking into EEOC Commissioner Stuart
Jail 92% of employers conduct crimi- locked up. Ex-offenders who account the nature and gravity of Ishimaru shared the concern.
nal-background checks some of don't find employment are three the offense, the time passed since "One thing that's been troubling
To the time, and 73% do so for eve- times more likely to return to conviction and the job itself. to me is that so many employers
Jobless, ry position. prison than those who have jobs.
"We recognize the importance to It's not always an easy call.
use this in an overbroad fashion,
so that it affects all their jobs,
continued from "We have to strike a balance individuals of dismantling un- "Obviously you're not going to and all their applicants for jobs,"
front page between having a safe workplace necessary roadblocks to employ- hire a convicted embezzler to said Ishimaru, who is a Demo-
and giving someone a second ment, if and when arrest and con- work as a bank teller or a child crat. "Are they losing out on
chance," said Buena Vista Lyons, viction records are used inappro- molester to work with children, good employees who would do a
a Dallas partner at Ford & Harri- priately or unnecessarily," Ber- but for every no-brainer like this, fine job for them?"
son who defends businesses in rien said. there are 10 combinations in a
labor and employment matters. gray area," said Travis Gemoets,
databases that have proliferated "Employers don't want the Of particular concern to the a partner at Jeffer, Mangels, But- Continues on Page 10
on the Internet. EEOC to create rigid regulations. EEOC is the effect on minorities. ler & Mitchell in Los Angeles.
…If they come up with unrealis- One in 106 white men is current- "You have to look at what some-
As employers increasingly use tic standards, it's not going to ly incarcerated, compared with one would do in the course and
such background checks to help anyone, and it's not going to one in 36 Hispanic men and one scope of employment."
screen prospective workers, the help the economy." in 15 African-American men,
practice is creating a minefield of according to Amy Solomon, who For example, Juan Cartagena,
employment law issues — and The National Retail Federation, is senior adviser to the assistant president and general counsel of
has caught the attention of the the National Restaurant Associa- attorney general in the Depart- Latino Justice, cited a pending
U.S. Equal Employment Oppor- tion and 11 other trade groups, ment of Justice Office of Justice case involving a young Latino
tunity Commission. On July 26, which together claim to represent Programs. man who worked for an Eckerd
the EEOC held a packed public industries that account for more Pharmacy stocking shelves and
meeting in Washington focusing than 55 million jobs, sent a letter "To me, there will be a dispar- was promoted to supervisor. But
on how the use of background to the EEOC in late July urging ate impact if [employers] are after the drug store chain was
checks adversely affects minori- the agency not to bar criminal going to be using criminal histo- bought by Rite Aid Corp., he was
ties, since blacks and Hispanics background checks. "As long as ries," said EEOC Commissioner fired because he had a prior drug
are much more likely to have there is workplace violence, Chai Feldblum, a Democrat, at conviction.
criminal histories. fraud, theft, and a need to protect the meeting. Under Title VII of
vulnerable populations, there will the Civil Rights Act of 1964, an On one hand, a drug store refus-
The commissioners hinted that always be a need to review the employment policy may be con- ing to employ someone with a
they plan to revise the EEOC's criminal histories of applicants sidered illegal if it has a discrimi- drug conviction sounds logical.
20-year-old background-check for certain positions," the letter natory effect — even if the em- But Cartagena argues that the
guidelines, a prospect that has stated. "[W]e want the flexibility ployer didn't intend to discrimi- policy is too broad. "Large
alarmed the business community to conduct criminal background nate. The counterweight for em- chains are not simple pharma-
and triggered fears of burden- checks that are fair and appropri- ployers is to show that the policy cies," he said — they're more
some new regulations. ate." is a business necessity and has a like variety stores, selling every-
"manifest relationship" to the job thing from lawn chairs to frozen
Employers argue that they have For the EEOC, the question is: in question. pizza. These were the kinds of
a legitimate need to check out What does fair and appropriate items the man handled — not
prospective workers to protect mean? Current EEOC guidelines make drugs. "The pharmacy stocks
customers and co-workers and, it clear that an absolute ban on their own shelves and accounts
indeed, that failing to do so could The policy implications are hiring anyone with a criminal for their own inventory," Carta-
expose them to lawsuits for neg- profound. As EEOC Chairwom- conviction is unacceptable. In- gena said, arguing that the ban

4. Cook County, IL How long that will last no cpdock- teens, it's nearly 41 percent. In 1996, the number of
one knows. et.cp.cuyahogacounty.us/ criminal screenings was
Civil Cases The cases are searchable p_PickSearch.aspx The U.S. Equal Employ- only 51 percent.
Online by party, case number, tck- ment Opportunity Commis-
et number, or business sion (EEOC) believes that Due to the large increase
by Steven Brownstein
name. it’s not by chance that of criminal screenings in
EEOC Says: Black unemployment num- less than 20 years, the
The Clerk of the Circuit
Website: bers are so high. EEOC is investigating how
Court offers on-line access "Your Customer
http://66.158.72.242/pa/ the federal government is
to the full electronic docket
cms/SearchPrompt.php Needs To Be The EEOC considers dealing with employers
for cases filed in the Civil,
criminal background who illegally screen out
Law, Chancery, and Do- Fair" checks as a possible con- applicants based on prior
mestic Relations divisions.
Cuyahoga tributing factor to Black arrests or convictions—
The Electronic Docket
Among all racial groups, unemployment because 92 without investigating the
Search includes infor- County Cases African-American unem- percent of employers con- applicant’s age, relevance
mation similar to that found
Online ployment hovers at 16.2 duct the screenings on of the criminal record or
on the Clerk's Public Ac-
percent, the highest in the some or all job applicants, seriousness of the crime, as
cess terminals located in by Steven Brownstein
nation. according to a 2010 Society described under the
the various courthouses.
for Human Resources Man- EEOC’s guidelines based
The Cuyahoga Common
For Black males, it's 17.5 agement survey. Continues next page
The cases are searchable Pleas Court offers on-line
percent, and for Black
by litigant name, case num- access to electronic docket
ber, or filing date. for cases filed in the Circuit
Court.
Search Results are limited
to the first 1000 cases. The information found did
not include misdemanor
That could be rather and lessor cases normally
daunting. found at the Cleveland and
other Municipal Courthous-
It pays to use a researcher es.
in Cook County.
Those need to be re-
Website: searched separately.
http://198.173.15.34/?
sec- Felonies are found on
tion=CASEINFOPage&CA their results page, as well as
SEINFOPage=2400 defendant identifiers.
The cases are searchable
Will County, IL by name or case number.
Cases Online Website:
by Steven Brownstein http://
The Clerk of the Circuit
Court offers on-line access
to limited electronic docket
for cases filed in the Circuit
Court.
The information seems
similar to that found on the
Clerk's Public Access ter-
minals located in the vari-
ous courthouses.
Their disclaimer may be
due to the fact that the cas-
es might not be uploaded to
their Web Site as quickly as
it is entered into their com-
puter system.
Felonies, misdemeanors,
traffic, ordinance viola-
tions, and civil cases are
found on their results page,
as well as defendant identi-
fiers.

5. Blacks and Hispanics in they may re-offend.”
Your Customers light of statistics showing
Need To Be that they are convicted at a So these folks will commit
rate disproportionately more crimes if companies
Fair, greater than their represen- don’t hire them, but they
continued
tation in the population." will be model employees if
corporations do employ
them? Yeah, that makes
on Title VII of the Civil Hire that Felon, sense.
Rights Act of 1964.
You Racist! The EEOC needs to aban-
The EEOC guidelines reg- A Blog by Amy Ridenour don this misguided guid-
ulating employers’ use of ance and let employers re-
criminal records dates back ...One the one hand, the sume hiring based on valid
over twenty years to 1987. EEOC is telling employers, business considerations.
“don’t worry, hire crimi-
In it the EEOC makes nals, they are contributing America does not have a
clear that "an employer's members of society.” But crisis of too few regula-
policy or practice of ex- on the other hand, an tions. It has a crisis of too
cluding individuals from EEOC spokeswoman told few jobs. Perhaps, if we
employment on the basis of the Wall Street Journal, “if got rid of some of the for-
their conviction records has ex-offenders are not given mer, we could have more of
an adverse impact on jobs the chances are that the latter.
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6. The Public Record Update
A Service from BRB Publications, Inc.
Trademarks, Trade Names and Notaries in Wisconsin
The management and record keeping of the Notary, Trademarks and Trade Names
in Wisconsin has transferred from the Secretary of State's Office to the Wisconsin
Department of Financial Institutions. Effective July 2011, the addresses, phone num-
bers, and URLs have changed.
The new physical location is 345 W Washington, 3rd Fl, Madison WI 53703. The
new phone number is 608-266-8915, the fax is 608-264-7965. The home page is
now http://www.wdfi.org/.
Both divisions offer online search capabilities at the new URL. Search trademark
and trade name information at http://dfi.nmtvault.com/Trademarks.aspx. Search the
Notary Public database at http://dfi.nmtvault.com/Notary.aspx.
Driver's License Status Check in Kansas
Kansas recently unveiled a new service that allows one to check the status of a KS
issued driver's license. The DL #, full name and DOB are required. The information
must be entered as it appears on the driver's license, with no dashes or spaces.
The direct link is:
https://www.kdor.org/DLStatus/login.aspx?ReturnUrl=%2fdlstatus%2fsecure%2fde
fault.aspx. (Or you can go to home page at www.ksrevenue.org/ and click on the
appropriate link.)
Illinois Public Record Searchers
The Illinois Department of Professional Regulation recently issued a "cease and de-
sist" letter to a PRRN (Public Record Retriever Network - www.prrn.us) member
based in Illinois for performing public record research and not having a private in-
vestigator's license.
The Department interpreted that the act of researching public records is considered
to be performing an "investigation." This is regardless if the PRRN Member was
merely researching and reporting to a attorney, private investigator, or consumer re-
porting agency (CRA) what is found in a court's public record docket.
The licensing of Private Investigators is governed by 225 ILCS §447. Article 5 de-
fines, in part, that a private investigator is someone who "...engages in the business
of, accepts employment to furnish, or agrees to make or makes investigations for a
fee or other consideration..." Articles 10 and 15 list exemptions. See the statute at
www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=24
Interestingly, similar situations occured several years ago in Arizona and Texas. The
states had similar laws to IL. A PRRN members was actually thrown in jail in Tex-
as. But the issues were resolved and the end result is that public record researchers
are not required to be licensed as PIs when simply hired by private investigators or
Consumer Reporting Agencies (CRA) to report facts in the public records.
If this issue is of interest, there is an older, but still applicable article titled "The
Trouble With PI Licensing Statutes" written by Carl Ernst, found on the BRB Publi-
cations site at www.brbpublications.com/articles.aspx. Le Criminel Et Civil Tous Les Jours
Nous Parlons Français
We welcome your comments and observations about The Public Record Update WE SPEAK FRENCH..
Please address your comments to Michael Sankey at mike@brbpublications.com ENGLISH TO EVERYONE ELSE!
Making copies of any part of the Public Record Update© for any purpose other than your own personal use is prohibited unless written
authorization is obtained from BRB Publications. Phone - 480-829-7475 WE ALSO COVER ONTARIO AND BRITISH COLUMBIA
Public Record Retriever Network - www.prrn.us
The CRA Help Desk - www.CRAHelpDesk.com StraightLine
BRB's Free Public Record Resource Center - www.brbpublications.com/pubrecsites.asp The shortest distance between you and the courts.
Motor Vehicle Record Decoder - www.mvrdecoder.com
BRB's Public Record Blog - www.publicrecordsblog.net
BRB's Bookstore - www.brbpublications.com/books
Nous Appeler (Call Us) 1-866-909-6678

7. identify and highlight ways ing employment decisions to ensure accuracy. The one keep their business running
Les Rosen’s in which arrest and convic- – including conflicting laws quick fix that would help and provide jobs in a reces-
Corner tion records have been used – and urged the Commis- employers and job appli- sion can ill afford to hire
appropriately and current sion to consider these con- cants is to make the rule in unsafe, unfit, dangerous or
A monthly column legal standards. The EEOC straints on businesses in California where a criminal dishonest people. “I am not
By Lester Rosen, has already issued written deciding whether to pursue record cannot be reported sure that even the EEOC
Attorney at Law
policy guidance regarding litigation in certain cases. unless it has been con- has hired a person with a
the use of arrest and con- Noting the unreliability of firmed to be accurate and criminal record,” says
viction records in employ- criminal record databases, up to date, which normally Rosen. “When you are not
ment and the meeting was the EEOC was warned requires reconfirmation the actually running a business,
an opportunity to “learn about the proliferation of courthouse, a nationwide or meeting payroll, it is
about the practical ways online companies offering rule.” easy to become a Monday
employers have been able “instant” background morning quarterback and
to balance business con- checks that generate reports In addition, Rosen said try to shift the solution to
cerns with the need to en- that often contain inaccu- some of the meeting’s testi- social ills on employers al-
sure that employment prac- rate or incomplete infor- mony seemed to lack real ready stressed by a reces-
tices are fair and non- mation and rarely any de- world experiences where sion.”
discriminatory,” according tails about criminal record employers that are trying to
to EEOC Chair Jacqueline information.
A. Berrien.
Attorney Lester Rosen,
Equal Employment Some in the meeting com- CEO of Employment
Opportunity mented that removing arbi- Screening Resources
trary bars to hiring people (ESR), commented on the
Commission Holds
with arrest and conviction EEOC press release for the
Meeting on Use of records improves job avail- meeting. “It is a valid point
Criminal Records for ability and lowers crime that the proliferation of
Employment Screen- and social costs, and also cheap and instant online
ing Background urged employers to develop databases can have a higher
Checks and implement a degree of inaccurate results.
“responsible business plan” However, the speakers did
The Equal Employment and overcome “fears, biases not distinguish between
Opportunity Commission and hiring challenges” in professional background
(EEOC) – the agency of the order to facilitate hiring screeners and cheap online
United States Government people with arrest and con- data websites,” says Rosen,
that enforces federal laws viction records. author of ‘The Safe Hiring
prohibiting employment Manual,’ the first compre-
discrimination – held a Others in the meeting de- hensive guide to employ-
meeting Tuesday, July 26, tailed to the EEOC the con- ment screening. “A real
2011 focusing on the use of fusing and often contradic- background screening firm
criminal records by em- tory pressures on business- is obligated under the Fair
ployers for employment es when using arrest and Credit Reporting Act to
screening background conviction records in mak- take a number of measures
checks, according to the
EEOC press release
‘Striking the Balance Be-
tween Workplace Fairness
and Workplace Safety.’ At
the meeting, the Commis-
sion was told by experts
that employers refusing to
hire people with arrest and
conviction records even
years after they have com-
pleted their sentences may
cause recidivism and higher
social services costs, but
also that businesses face
confusing and conflicting
laws when using sometimes
unreliable arrest and con-
viction records in making
employment decisions.
The meeting – part of a
series convened by the
EEOC to examine the im-
plications of various hiring
practices – was designed to

8. by the U.S. Dept. of Health status for exclusion is rela- news that notorious child- Fees Act. Of the 1,086 indi-
Background and Human Services tively simple and there are molester Graham James viduals and organizations
Checks For The 'Centers for Mediacre and had received a pardon, and that responded, only 12
Medicaid Services (CMS)'. that Karla Homolka would were in favour of raising
The Medical soon be eligible to apply. the fee. 98% said the pro-
Industry Additionally, the govern-
The New Cost posal was "appalling",
continued from Page 1 ment may impose a civil Of Canadian In its efforts to deal quick- "outrageous",
monetary penalty of up to Criminal ly with a perceived gap in "preposterous", "downright
$10,000.00 for each item or the law, the Harper govern- criminal", and a "cash
service furnished during the Pardons ment has again passed leg- grab." They said that the
Obviously, these steps in- CMS exclusion period. By Paula Mallea islation which will adverse- new fee would affect dis-
clude conducting back- ly affect thousands of of- proportionately the poor,
ground checks of staff and Considering this prohibi- The Conservative govern- fenders needlessly. From disadvantaged, and margin-
other physicians. tion, many physician prac- ment, with the collabora- introduction to royal assent, alized. Nonetheless, the
tices hire excluded individ- tion of opposition parties, the new procedure for ob- government is forging
It is not, at least to us in uals. hastily passed a piece of taining pardons became law ahead.
the employment screening legislation (Bill C-23A) last in 49 days.
industry, common Surprsing as that is, it is a year which makes it more 4.2 million Canadians
knowledge that no federal money make for us. difficult for offenders to The new law sets out have criminal records. Most
health benefit payments are obtain a pardon for their longer eligibility dates for people who apply for par-
permitted for services fur- Checking an employee's offences. This was the gov- offenders, and makes it dons do so in order to get a
nished by persons excluded or physician's background ernment's response to the much harder to convince job. Offenders who have no
the National Parole Board job, or have a low-paying
that a pardon should be job, will not be able to af-
granted. As a consequence, ford the application pro-
it will now take much long- cess, and so they will not
er to process each applica- be able to improve their
tion. The government thus circumstances. This is
needs to increase the NPB's Catch-22 writ large.
budget. It proposes to re-
cover the costs by charging The government says that
a higher fee for applica- $631 is what it costs to pro-
tions. cess a pardon application.
The government has not
The Harper government is made public the report that
about to raise the cost of contains the cost break-
obtaining a pardon to $631 down or the rationale for
from $150. Yet when the the new fee. The govern-
fee was raised from $50 to ment also takes the position
$150 last year, one person that offenders should pay
who helps offenders obtain for their own applications,
pardons said it was "earth- and not the taxpayer. Yet
shattering for hundreds of the government knows par-
our clients." Quadrupling dons are an essential com-
the new fee will ensure that ponent of rehabilitation.
very few offenders can af- Leaving aside the humani-
ford to apply. tarian aspects, the govern-
ment must know that peo-
For most offenders, ob- ple will not be able to con-
taining a pardon is abso- tribute to the economic
lutely essential in order to productivity of the nation if
obtain housing and employ- they are saddled with crimi-
ment. These are necessary nal records.
components for the rehabil-
itation and reintegration of Bill C-23 is a mean-
offenders when they have spirited law. It will keep
served their sentences. thousands of former of-
Even Public Safety Minis- fenders from obtaining par-
ter Vic Toews agrees: "I dons, a process which used
certainly believe in the con- to be straightforward, af-
cept of pardons, they're an fordable and sensible. Lest
absolutely essential part of the reader think that par-
the rehabilitation of indi- dons are being granted to
viduals." violent, repeat offenders, it
is important to point out
Mr. Toews engaged the that 38.6% of pardons
public in a short consulta- granted in the last 10 years
tion process about raising went to victimless offend-
the fees, as he is required to ers: impaired driving, driv-
do under the federal User ing over 80, drug offences

9. property offences: theft, 247,438 people obtained this necessary in order to Depts.Office of the Inspec-
The New Cost break and enter and theft, pardons. Now all applicants keep Karla Homolka from tor General's Exclusion List
Of Canadian theft under $1,000 and mis- will have to go through a obtaining a pardon? (http://oig.hhs.gov/fraud/
chief. Only 12% went to longer and more expensive readily available sources of exclusions.asp) and the
Pardons, continued offenders who were con- process, with less likeli- information to you to General Service Admin-
victed of assault. hood of success. Many of search. istration's Excluded Parties
and failing to appear in them will not even be able List System
court. About 50% went to In the past 10 years, to start the process. Was all These include the Health (www.epls.gov)
These lists are updated
constantly and provide
enough information to de-
termine if a candidate has
been excluded.
No Unemployed
Need Apply
(NUNA)
If you are employed,
chances are you have not
heard of NUNA.
However, if you are ac-
tively seeking a job and
have been doing so for a
while, you are probably
familiar with the phrase
“No Unemployed Need
Apply.”
This is a standard that
many businesses are adopt-
ing and simply means they
will not hire an applicant
who is not currently em-
ployed or has recently been
laid off.
It’s no secret that compa-
nies prefer not to hire
workers who have gaps in
their employment, as it of-
ten signals that something
about the applicant is unde-
sirable to other companies.
In fact, it’s not difficult to
find companies on various
job boards that post their
preference for candidates
who are currently em-
ployed.
The question many have
for this practice, however,
is can companies legally do
this?

10. Line Up At the lines at the Jefferson Needless to say, taxpayers tion law takes effect Sep- A provision of the law
County Courthouse for eve- don’t like it. tember 1 and county work- says "Any person entering
Jefferson ryday services, such as car ers believe it could have an into a business transaction
County, AL tag renewals, are already "My legs. My back. I effect on service at the or attempting to enter into a
too long. Now with the don't like staying in those courthouse, preventing peo- business transaction with
Courthouse forthcoming illegal immi- lines," Tracy Sanchez said. ple from conducting busi- this state or political subdi-
gration law, those lines ness online. vision of this state shall be
Many would argue that could grow even longer. Alabama’s new immigra- required to demonstrate his
or her United States citizen-
ship."
This means people can no
longer apply for car tags or
drivers licenses online be-
cause they won’t be able to
prove their citizenship.
"I don't think we have
enough employees at the
courthouse to do that,” Gre-
ta Hogg said.
“That's going to be a prob-
lem.,’ he added.
"Our lines are going to get
longer and longer, and it's
unnecessary,” county com-
missioner George Bowman
said. “One of the purposes
of automation is to shorten
the lines."
At the time of publication,
Commissioners were hop-
ing for a special legislative
session, or for a federal
court to order an injunction
to prevent the law from go-
ing into effect.
NO DELAYS
Not a Police
Data Base
Search
Canada
Provincial
Courts
Criminal Research
Call 1-866-909-6678
Or Fax 1-866-909-6679
Straightline International

11. asking about old convic- tions, especially in the fi- sued temporary staffing District Court for the
From Jail To tions. nancial services, child care,company Peoplemark Inc. Southern District of New
Jobless health care and transporta- in Michigan federal court York, the U.S. Census Bu-
Contimued from page 3 Solomon of the Justice tion industries — re- for allegedly refusing to reau, as a precondition of
Department cited a study strictions that go all the hire any person with a employment, required near-
One impetus for the EEOC on the "point of redemp- way down to local rules for criminal record. The EEOC ly all job applicants to pro-
to update its guidelines tion" — when a person licensed barbers. named 286 so-called vic- vide within 30 days
comes from the U.S. Court with a prior arrest becomes tims of the policy — except "official court documenta-
of Appeals for the 3d Cir- no more likely than mem- The EEOC guidelines do it turned out that 22% of tion" for any and all arrests,
cuit. In a rare appellate de- bers of the general popula- not have the force of law — them had in fact been hired regardless of whether a
cision on the use of crimi- tion to commit another they're most useful for by the company despite conviction resulted, the na-
nal-background checks, the crime. The study found the helping companies avoid their felony records. "The ture of the offense or when
court in 2007 complained point exists between three being sued. Overall, litiga- complaint turned out to be it took place. Among the
that the EEOC's guidelines and eight years after release tion over criminal back- without foundation from applicants was Precious
were too vague to be of from jail, depending on the ground checks has been the beginning," wrote Mag- Daniels, who was told by
much use. severity of the crime and scant, though there's been a istrate Judge Hugh Bren- her local court that there
the person's age. recent uptick in activity. neman Jr. was no record of her arrest
The plaintiff in the case, in the health care protest
Douglas El, claimed that "Should [employers] just Lawyers are watching Peoplemark was repre- since the charges were
the Southeastern Pennsyl- stop asking…at some EEOC v. Freeman Cos., sented by Barris, Sott, dropped. Nonetheless, Dan-
vania Transportation Au- point?" Ishimaru said. pending in U.S. district Denn & Driker in Detroit iels, who is black, was dis-
thority improperly disquali- "There's a time at which it's court in Maryland, which and Southern firm Baker, qualified for a job with the
fied job applicants because no longer relevant statisti- challenges the use of crimi- Donelson, Bear-man, Cald- census.
of prior convictions. El, cally," Solomon replied. nal-background checks, as well & Berkowitz.
who drove a bus, was fired well as the use of credit According to the com-
when his employer learned But George Washington checks, as a screening tool The biggest pending case plaint, the requirement
of his 40-year-old convic- University Law School pro- for new hires. — what plaintiffs' lawyer eliminated 93% of appli-
tion for second-degree mur- fessor Stephen Saltzburg Adam Klein, a partner at cants with criminal histo-
der. argued that this would be of Another recent effort by Outten & Golden in New ries — about 700,000 peo-
little practical use. When the EEOC to challenge a York, calls "the megatsuna- ple — who couldn't find
The court expressed people are released from company's criminal back- mi of background check their records or submit
"reservations" about the jail, he said, "They need ground policy ended in hu- cases" — is one against the them quickly enough, or
transportation authority's jobs now. You can't tell miliation for the agency, federal government, chal- who just gave up. For the
policy, but ruled against El them to wait three or four which was hit with lenging the hiring policies few who did send them in,
because he didn't hire an years and if you have a $750,000 in attorney fees used for the 2010 census. they found
expert witness and couldn't clean record, great, because and court costs in March.
rebut the defense's expert if they can't get a job, After a three-year investi- According to the com- Continues next page
testimony that someone they're not going to have a gation, the EEOC in 2008 plaint filed last year in U.S.
who committed a violent clean record."
crime once is more likely to
do so again, no matter how Some lawyers fear the
much time has passed. agency going forward may
tell employers not to ask
The court complained that about criminal history in
the EEOC's guidelines don't initial job applications
explain how employers are (though they can ask later
supposed to consider the in the hiring process). Such
nature and gravity of the "ban the box" rules are in
offense in crafting any place in the states of Mas-
bright-line policy on crimi- sachusetts and Hawaii, plus
nal convictions, nor do they cities such as Philadelphia.
address whether an em-
ployer can decide that cer- It's not a popular option
tain offenses (like murder) with defense-side employ-
are serious enough to war- ment lawyers, who say it
rant a lifetime ban on being places an extra burden on
hired. "The EEOC's guide- employers. "They're invest-
lines are not entitled to ing resources in interview-
great deference," wrote ing people who would not
Judge Thomas Ambro for be considered," said Susan
the unanimous panel. "The Lessack, a partner in the
policy document itself does Berwyn, Pa., and Philadel-
not substantively analyze phia offices of Pepper
the statute." Hamilton.
What new EEOC guide- At the same time, there
lines might look like is not are also thousands of feder-
clear, but one option dis- al and state restrictions bar-
cussed at the meeting was ring employers from hiring
banning employers from people with certain convic-

12. From Jail To re-
Jobless,
Look Voted #1
Continued from previous page
LAKE,IL
Below
virtually all available posi-
tions had already been COUNTY
filled. quests will uncover."
COURT
The plaintiffs allege that
the policy violated Title RECORDS
VII. If the case is certified
as a class, Klein sees poten-
CALL
tial for hundreds of millions
of dollars in damages.
Still, the case is an anoma-
1-866-909-6678
ly. As Klein noted, it's
"very difficult as a private
lawyer to litigate these cas-
es.…The guidance be-
comes critical."
ACLU Goes To
War With Police
The American Civil Lib-
erties Union is bringing its
heavy artillery to bear on
the mobile location privacy
debate.
The civil advocacy group
has coordinated 34 of its
offices to send 375 public
records requests to police
and law enforcement agen-
cies across the nation, re-
questing comprehensive
information about how po-
lice obtain and use cell-
phone locations and other
Internet data to hunt crimi-
nals.
"All too often, the govern-
ment is taking advantage of
outdated privacy laws to
get its hands on this valua-
ble private information by
demanding it without a
warrant," the ACLU said in
a statement on its website.
"The public has a right to
know how and under what
circumstances their location
information is being ac-
cessed by the government –
- and that is exactly what
we hope our information

13. Australia's New Ms Burch says there will
now be a final round of
Background community consultation
Check Laws over the next month.
A new scheme to provide Can Lawyers
more thorough security Get Any
checks for those working
with children and vulnera- Dumber?
ble adults will be intro-
duced in the ACT next Lawyer: "Do you know
year. how far pregnant you are
now?"
The Government has
reached agreement with the Witness: "I'll be three
mental health and drug and months on November 8."
alcohol sectors to imple-
ment the new laws over six Lawyer: "Apparently, then,
years. the date of conception was
August 8?"
Community Services Min-
ister Joy Burch says the Witness: "Yes."
new scheme will bring uni-
form standards to back- Lawyer: "What were you
ground checks. doing at that time?"
"All services to children
and vulnerable Canberrans
will have the same check-
ing process. Also part of
this is the issue of a card so
workers will have a clear-
ance card, a suitability card,
that they can transfer re-
gardless of what job they're
in," she said.
"Volunteers form a key
part of work across our
community. So volunteers
will also be issued with a
card and there will be no
charge for that card for vol-
unteers."
The mental health and
drug and alcohol sectors
had previously been reluc-
tant to move to the new
scheme because of con-
cerns on how it would im-
pact on employees who
have 'lived experience'.
"What we've done with
this is make sure there's a
common assessment and
we will phase in this check-
ing system over a couple of
years," Ms Burch said.
"The drug and alcohol and
mental health sector will
come in at the latter part of
this so all the systems will
be very clear and transpar-
ent when those workforce
are checked."

14. As Criminal dramatically expanded its zen behavior now potential- deserve the punishment away from the nightmare of
authority and reach. ly subject to federal crimi- they get. a federal indictment."
Laws Proliferate, nal control has increased in
More Are As federal criminal stat- astonishing proportions in Roscoe Howard, the for- Last September, retired
utes have ballooned, it has the last few decades." mer U.S. Attorney for the race-car champion Bobby
Ensnared become increasingly easy District of Columbia, ar- Unser told a congressional
By Gary Fields and John R. for Americans to end up on A Justice spokeswoman gues that the system "isn't hearing about his 1996 mis-
Emshwiller
the wrong side of the law. said there was no quantifia- broken." Congress, he says, demeanor conviction for
Many of the new federal ble number. Criminal stat- took its cue over the dec- accidentally driving a
Eddie Leroy Anderson of
laws also set a lower bar for utes are sprinkled through- ades from a public less tol- snowmobile onto protected
Craigmont, Idaho, is a re-
conviction than in the past: out some 27,000 pages of erant of certain behaviors. federal land, violating the
tired logger, a former sci-
Prosecutors don't necessari- the federal code. Current law provides a Wilderness Act, while lost
ence teacher and now a fed-
ly need to show that the range of options to protect in a snowstorm. Though the
eral criminal thanks to his
defendant had criminal in- There are many reasons society, he says. "It would judge gave him only a $75
arrowhead-collecting hob-
tent. for the rising tide of laws. be horrible if they started fine, the 77-year-old racing
by.
It's partly due to lawmakers repealing laws and taking legend got a criminal rec-
These factors are contrib- responding to hot-button those options away." ord.
In 2009, Mr. Anderson
uting to some unusual ap- issues—environmental
loaned his son some tools
plications of justice. Father- messes, financial machina- Still, federal criminal laws Mr. Unser says he was
to dig for arrowheads near
and-son arrowhead lovers tions, child kidnappings, can be controversial. Some charged after he went to
a favorite campground of
can't argue they made an consumer protection—with duplicate existing state authorities for help finding
theirs. Unfortunately, they
innocent mistake. A lobster calls for federal criminal criminal laws, and others his abandoned snowmobile.
were on federal land. Au-
importer is convicted in the penalties. Federal regula- address matters that might "The criminal doesn't usu-
thorities "notified me to get
U.S. for violating a Hondu- tions can also carry the better be handled as civil ally call the police for
a lawyer and a damn good
ran law that the Honduran force of federal criminal rather than criminal mat- help," he says.
one," Mr. Anderson recalls.
government disavowed. A law, adding to the legal ters.
Pennsylvanian who injured complexity. A Justice Department
There is no evidence the
her husband's lover doesn't Some federal laws appear spokesman cited the age of
Andersons intended to
face state criminal charg- With the growing number picayune. Unauthorized use the case in declining to
break the law, or even
es—instead, she faces fed- of federal crimes, the num- of the Smokey Bear image comment. The U.S. Attor-
knew the law existed, ac-
eral charges tied to an inter- ber of people sentenced to could land an offender in ney at the time said he did-
cording to court records
national arms-control trea- federal prison has risen prison. So can unauthorized n't remember the case.
and interviews. But the law,
ty. nearly threefold over the use of the slogan "Give a
the Archaeological Re-
past 30 years to 83,000 an- Hoot, Don't Pollute." Some of these new federal
sources Protection Act of
The U.S. Constitution nually. The U.S. population statutes don't require prose-
1979, doesn't require crimi-
mentions three federal grew only about 36% in The spread of federal stat- cutors to prove criminal
nal intent and makes it a
crimes by citizens: treason, that period. The total feder- ues has opponents on both intent, eroding a bedrock
felony punishable by up to
piracy and counterfeiting. al prison population, over sides of the aisle, though principle in English and
two years in prison to at-
By the turn of the 20th cen- 200,000, grew more than for different reasons. For American law. The absence
tempt to take artifacts off
tury, the number of crimi- eightfold—twice the Republicans, the issue is of this provision, known as
federal land without a per-
nal statutes numbered in the growth rate of the state partly about federal intru- mens rea, makes prosecu-
mit.
dozens. Today, there are an prison population, now at 2 sions into areas historically tion easier, critics argue.
estimated 4,500 crimes in million, according the fed- handled by states. For
Faced with that reality, the
federal statutes, according eral Bureau of Justice Sta- Democrats, the concerns A study last year by the
two men, who didn't find
to a 2008 study by retired tistics include the often lengthy Heritage Foundation and
arrowheads that day, plead-
Louisiana State University prison sentences that feder- the National Association of
ed guilty to a misdemeanor
law professor John Baker. Tougher federal drug laws al convictions now pro- Criminal Defense Lawyers
and got a year's probation
account for about 30% of duce. analyzed scores of pro-
and a $1,500 penalty each.
There are also thousands people sentenced, a decline posed and enacted new
"We kind of wonder why it
of regulations that carry from over 40% two decades Those expressing con- laws for nonviolent crimes
got took to the level that it
criminal penalties. Some ago. The proportion of peo- cerns include the American in the 109th Congress of
did," says Mr. Anderson,
laws are so complex, schol- ple sentenced for most oth- Civil Liberties Union and 2005 and 2006. It found of
68 years old.
ars debate whether they er crimes, such as firearms Edwin Meese III, former the 36 new crimes created,
represent one offense, or possession, fraud and other attorney general under a quarter had no mens rea
Wendy Olson, the U.S.
scores of offenses. non-violent offenses, has President Ronald Reagan. requirement and nearly
Attorney for Idaho, said the
doubled in the past 20 Mr. Meese, now with the 40% more had only a
men were on an archeologi-
Counting them is impossi- years. conservative Heritage "weak" one.
cal site that was 13,000
ble. The Justice Department Foundation, argues Ameri-
years old. "Folks do need to
spent two years trying in The growth in federal law cans are increasingly vul- Some jurists are disturbed
pay attention to where they
the 1980s, but produced has produced benefits. Fed- nerable to being "convicted by the diminished require-
are," she said.
only an estimate: 3,000 fed- eral legislation was indis- for doing something they ment to show criminal in-
eral criminal offenses. pensable in winning civil never suspected was ille- tent in order to convict. In a
The Andersons are two of
rights for African- gal." 1998 decision, federal ap-
the hundreds of thousands
The American Bar Asso- Americans. Some of the pellate judge Richard Pos-
of Americans to be charged
ciation tried in the late new laws, including those "Most people think crimi- ner, a noted conservative,
and convicted in recent
1990s, but concluded only tackling political corruption nal law is for bad people," attacked a 1994 federal law
decades under federal crim-
that the number was likely and violent crimes, are rela- says Timothy Lynch of Ca- under which an Illinois man
inal laws—as opposed to
much higher than 3,000. tively noncontroversial and to Institute, a libertarian went to prison for three
state or local laws—as the
The ABA's report said "the address significant prob- think tank. People don't re- years for possessing guns
federal justice system has
amount of individual citi- lems. Plenty of convicts alize "they're one misstep while under a state

15. More Are Ensnared, In early 1999, federal offi- edly violating Russian law charged him with violating question recently came be-
continued cials seized a 70,000-pound after some of his clients the Resource Conservation fore the Supreme Court in
shipment after a tip that the shot game from a helicopter and Recovery Act, a 1976 the case of Carol Bond, a
load violated a Honduran in that country. In the end, federal law that regulates Pennsylvania woman who
restraining order taken out statute setting a minimum he was acquitted after a handling of toxic waste. is fighting a six-year prison
by his estranged wife. size on lobsters that could Russian official testified The government contended sentence arising out of vio-
be caught. Such a shipment, the hunters had an exemp- Mr. Evertson had told fed- lating a 1998 federal chem-
He possessed the guns oth- in turn, violated a U.S. law, tion from the helicopter eral investigators he had ical-weapons law tied to an
erwise legally, they posed the Lacey Act, which hunting ban. Still, legal abandoned the chemicals. It international arms-control
no immediate threat to the makes it a felony to import bills totaling more than also said the landlord of the treaty. The law makes it a
spouse, and the restraining fish or wildlife if it breaks $860,000 essentially wiped Idaho storage site claimed crime for an average citizen
order didn't mention any another country's laws. out his retirement savings, he was owed back rent and to possess a "chemical
weapons bar. Roughly 2% of the seized Mr. Kern says. couldn't find the inventor— weapon" for other than a
shipment was clearly un- allegations Mr. Evertson "peaceful purpose." The
"Congress created, and the dersized, and records indi- Justice Department offi- disputed. statute defines such a weap-
Department of Justice cated other shipments car- cials declined to comment on as any chemical that
sprang, a trap" on a defend- ried much higher percent- on Messrs. Kern and Once the government could harm humans or ani-
ant who "could not have ages, federal officials said. Schoenwetter. deemed the chemicals mals.
suspected" he was commit- "abandoned," they became
ting a crime, Judge Posner In an interview, Mr. One area of expansion has "waste" and subject to Ms. Bond's criminal case
wrote. Schoenwetter, 65 years old, been environmental crimes. RCRA. He was charged stemmed from having
said he and other buyers Since its inception in 1970, under a separate federal law spread some chemicals, in-
Another area of concern routinely accepted a per- the Environmental Protec- with illegally moving the cluding an arsenic-based
among some jurists is the centage of undersized lob- tion Agency has grown to chemicals about a half-mile one, on the car, front-door
criminalization of issues sters since the deliveries enforce some 25,000 pages to the storage site. handle and mailbox of a
that they consider more ap- from the fishermen inevita- of federal regulations, woman who had had an
propriate to civil lawsuits. bly included smaller ones. equivalent to about 15% of "If I had abandoned the affair with her husband.
In December, the Ninth He also said he didn't be- the entire body of federal chemicals, why would I The victim suffered a burn
Circuit Court of Appeals, lieve bringing in some un- rules. Many of the EPA have told the investigators on her thumb.
which is considered liberal, dersized lobsters was ille- rules carry potential crimi- about them?" said Mr.
overturned the fraud con- gal, noting that previous nal penalties. Krister Evertson in an interview. In court filings, Ms.
viction of a software- shipments had routinely Evertson, a would-be in- He added that he spent Bond's attorneys argued the
company executive accused passed through U.S. Cus- ventor, recently spent 15 $100,000 on the material chemical-weapons law un-
of helping to issue false toms. months in prison for envi- and always planned to re- constitutionally intruded
financial statements. The ronmental crimes where sume his experiments. into what should have been
government tried "to stretch After conviction, Mr. there was no evidence he a state criminal matter. The
criminal law beyond its Schoenwetter and three co- harmed anyone, or intended Prosecutors emphasized state didn't file charges on
proper bounds," wrote the defendants appealed, and to. the potential danger of hav- the chemicals, but under
Circuit's chief judge, Alex the Honduran government ing left the materials for state law she likely would
Kozinski. filed a brief on their behalf In May 2004 he was ar- two years. "You clean up have gotten a less harsh
saying that Honduran rested near Wasilla, Alaska, after yourself and don't sentence, her attorneys
Civil law, he said, is a bet- courts had invalidated the and charged with illegally leave messes for others," said.
ter tool to judge "gray area" undersized-lobster law. By shipping sodium metal, a one prosecutor told the ju-
conduct—actions that a two-to-one vote, howev- potentially flammable ma- ry, which convicted Mr. Recently, the Supreme
might, or might not, be ille- er, a federal appeals panel terial, without proper pack- Evertson on three felony Court unanimously ruled
gal. Criminal law, he said, found the Honduran law aging or labeling. counts. Prosecutors said Ms. Bond has standing to
"should clearly separate valid at the time of the trial clean-up of the site cost the challenge the federal law.
conduct that is criminal and upheld the convictions. He told federal authorities government $400,000. Mr. By distributing jurisdiction
from conduct that is legal." he had been in Idaho work- Evertson, 57, remains on among federal and state
The dissenting jurist, ing to develop a better hy- probation, working as night governments, the Constitu-
Occasionally, Americans Judge Peter Fay, wrote: "I drogen fuel cell but had run watchman in Idaho. tion "protects the liberty of
are going to prison in the think we would be shocked out of money. He had the individual from arbi-
U.S. for violating the laws should the tables be re- moved some sodium and In a statement, Ms. Olson, trary power," Justice An-
and rules of other countries. versed and a foreign nation other chemicals to a storage the Idaho U.S. Attorney, thony Kennedy wrote for
Last year, Abner Schoen- simply ignored one of our site near his workshop in said that by leaving danger- the court. "When govern-
wetter finished 69 months court rulings." Salmon, Idaho, before trav- ous chemicals not properly ment acts in excess of its
in federal prison for con- eling back to his hometown attended he endangered lawful powers, that liberty
spiracy and smuggling. His Robert Kern, a 62-year- of Wasilla to raise money others and caused the gov- is at stake."
conviction was related to old Virginia hunting-trip by gold-mining. ernment to spend more than
importing the wrong kinds organizer, was also prose- $400,000 in clean-up costs. Justice Samuel Alito also
of lobsters and bulk pack- cuted in the U.S. for alleg- Mr. Evertson said he be- "This office will continue expressed concern about
aging them in plastic, rather edly breaking the law of lieved he had shipped the to aggressively prosecute" the law's "breadth" by lay-
than separately in boxes, in another country. Instead of sodium legally. A jury ac- environmental crimes, she ing out a hypothetical ex-
violation of Honduran laws. lobsters from Honduras, quitted him in January said. ample. Simply pouring a
Mr. Kern's troubles 2006. bottle of vinegar into a
According to court rec- stemmed from moose from Critics contend that feder- bowl to kill someone's
ords and interviews, Mr. Russia. However, Idaho prosecu- al criminal law is increas- goldfish, Justice Alito said,
Schoenwetter had been im- tors, using information Mr. ingly, and unconstitutional- could be "potentially pun-
porting lobsters from Hon- He faced a 2008 Lacey Evertson provided to feder- ly, impinging on the sover- ishable by life imprison-
duras since the mid-1980s. Act prosecution for alleg- al authorities in Alaska, eignty of the states. The ment."

16. Texas Man Can't State is unable to make a has been accussed in a fed- guilty in juvenile court to The school calls the girl's
prima facia case.” eral lawsuit that they failed unspecified charges charges 'frivoluous."
Clear his Name to protect a middle-school (sealed) after the girl was
by Steven Brownstein The District Attorney's girl from being raped, say- raped a second time.
Office also argued that the ing the girl "neglected to
A Frisco, TX man has complainant has never re- use reasonable means to
been unable to clear his canted her testimony, there- protect herself."
name for over four years. fore the case should not be
expunged. The 7th grade special edu-
An appeals court has de- cation female student, was
cided he has no right to The local judge disagreed raped twice during the
seek equitable justice after but has been overruled by course of two school years,
a local judge found for the the Texas apellate court. according to the lawsuit.
defendant.
His record remains. The school told the moth-
Though he has never been er that they thought that her
found guilty of any crime, And a job, forget about it. daughter made it all up.
he is shackled with a record
he is unable to clear. Then she was suspended
Rape Victim from school for
The District Attorney had Gets Expelled "disrespectful conduct" and
dismissed the charges after "public display of affec-
the State admitted it could From School tion," finally being ex-
by Steven Brownstein
not obtain a guilty plea, pelled.
telling the court that, “it has
A Missouri school district
been determined that the Since then, a boy pleaded