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Deferred Sentence

Criminal Law Discussion Forum

Deferred Sentence

Postby Lendell » Sat Nov 26, 2016 4:59 am

I asked you a question about a deferred sentence I got in the state of Washington. The deferred sentence was about a friend applying to graduate school with a fake masters. She got a 2 years deferred sentence. She also has a problem pending in Maryland. We do not know if she will be prosecuted or not. 1. If she applies for a Job or Apartment in a different state like Oregon or Arizona, will a background check done by an employer or landlord show her criminal record and deferred sentence?

2. If she gets married and changes her name, will a background check show her criminal record under the new name? Can a search be done with a social security number?

3. Will the court that allows the name change inform the Washington state court> Will the criminal record be changed to the new name?  
Lendell
 
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Joined: Fri Jan 03, 2014 4:20 am

Deferred Sentence

Postby Airdsgainne » Sat Nov 26, 2016 7:34 pm

I asked you a question about a deferred sentence I got in the state of Washington. The deferred sentence was about a friend applying to graduate school with a fake masters. She got a 2 years deferred sentence. She also has a problem pending in Maryland. We do not know if she will be prosecuted or not. 1. If she applies for a Job or Apartment in a different state like Oregon or Arizona, will a background check done by an employer or landlord show her criminal record and deferred sentence?

2. If she gets married and changes her name, will a background check show her criminal record under the new name? Can a search be done with a social security number?

3. Will the court that allows the name change inform the Washington state court> Will the criminal record be changed to the new name?  
Airdsgainne
 
Posts: 33
Joined: Tue Apr 15, 2014 1:32 pm

Deferred Sentence

Postby Ranen » Mon Nov 28, 2016 3:38 pm

Paul,

Most checks are only done in the state where the person is applying.  Normally criminal history is not shared to non criminal justice entities between states.  However there are some very complete private databases that can be accessed.  Also depending on the type of job a more extensive background could be conducted.  Most landlords do not do much of a background. Most employers with the exception of government and education do  not do much of a background either.  Federal contract and security is another area of intensive background checks.     The name change is normally reported through the Social Security Administration.  The name change will probably not catch up in the usual criminal history check.  Most law enforcement agencies will check SSN, Married and Maiden name.     The link between vital records and criminal history is tenuous at best.  Some states are good about it some aren't.  A court contemplating a name change should be inquiring as to the reason why and make sure appropriate agencies are contacted.     Therein lies a good argument for a National ID.

Hope this helped

Robin
Ranen
 
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Joined: Tue Jan 21, 2014 6:33 pm


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