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Archive for June, 2010

Is it possible to vacate an eviction judgment?

June 30th, 2010 Melanie 1 comment

The company I used to rent from obtained a defaut judgement against me. I have filed for Chapter 7 bankrutcy and wondered how the court will note this or what the bankruptcy will do for that. The judgment was rendered just a few days prior to my Chapter 7 being filed, and they have attempted a garnishment. My attorney did manage to correct my filing and has the judgement listed under Suits and Administrative Proceedings, Executions, Garnishments and Attachments under the Statement of Affairs portion of my bankruptcy paperwork. So, it was correctly scheduled to the best of my knowledge. Does this cover me or will I still need to do more? How can I get it vacated from public record and my credit report? Is this even possible so that I may ever rent again?

Categories: Bankruptcy Court Records Tags:

Who thinks this Freedom of Information lawsuit against the Federal Reserve will go to the SCOTUS?

June 30th, 2010 Melanie 2 comments

This is the second time the Federal Reserve has lost in court over this.

http://www.bloomberg.com/apps/news?pid=20601087&sid=a2rzjENZQV5k

March 19 (Bloomberg) — The Federal Reserve Board must disclose documents identifying financial firms that might have collapsed without the largest U.S. government bailout ever, a federal appeals court said.

The U.S. Court of Appeals in Manhattan ruled today that the Fed must release records of the unprecedented trillion U.S. loan program launched primarily after the 2008 collapse of Lehman Brothers Holdings Inc. The ruling upholds a decision of a lower-court judge, who in August ordered that the information be released.

The Fed had argued that disclosure of the documents threatens to stigmatize borrowers and cause them “severe and irreparable competitive injury,” discouraging banks in distress from seeking help. A three-judge panel of the appeals court rejected that argument in a unanimous decision.

The U.S. Freedom of Information Act, or FOIA, “sets forth no basis for the exemption the Board asks us to read into it,” U.S. Circuit Chief Judge Dennis Jacobs wrote in the opinion. “If the Board believes such an exemption would better serve the national interest, it should ask Congress to amend the statute.”

The opinion may not be the final word in the bid for the documents, which was launched by Bloomberg LP, the parent of Bloomberg News, with a November 2008 lawsuit. The Fed may seek a rehearing or appeal to the full appeals court and eventually petition the U.S. Supreme Court.

Categories: Federal Court Records Tags:

How damaging is a felony arrest record to CPA eligibility?

June 30th, 2010 Melanie 1 comment

Hello all. Thank you for taking the time to read my post. I only ask that you reserve judgment, and approach any response with the intent to offer useful advice. I’ll also ask you to please forgive my longwinded post, but I’m trying to offer as much detail as possible so as to avoid receiving info with which I’m already familiar.

The reason I’m posting on this site is to try and get some meaningful responses from people regarding the subject of a prior criminal record, and the challenges that this may impose on one’s ability to obtain a CPA license.

To be specific, I’m NOT talking about speeding tickets, petty misdemeanor charges, shoplifting when you were underage, or even DUI’s, etc., such as I’ve seen in other posts/forums. From what I understand, these sorts of charges are not severe enough to frustrate the AICPA’s definition of moral turpitude.

I am currently seeking licensure in the state of Florida. I have had more than my fair share of trouble, for which I make no excuses. But I’ve gotten past that point in my life. I have never served time in a correctional facility, outside of sitting in county jail awaiting bail, and my actions and conduct since my last brush (2 years ago) with the law are clearly indicative of a change. In early 2008, I was arrested for felony drug "constructive possession" charge, as well as felony "burglary of an unoccupied conveyance or structure." It’s my contention that these “descriptions” of my crimes do not accurately portray the events as transpired. But you can decide that for yourself:

(I got caught in a car with a friend who was chopping up some cocaine, and I got drunk and threw a cinderblock through a van window)

I understand I’ll have an opportunity to disclose this viewpoint in documents accompanying my application; however, I’d like the opinion of some of you who may have been in similar circumstances or are intimately familiar with the challenges individuals such as myself may face while pursuing licensure following such mistakes.

To be clear, I was NOT and never have been convicted of any felony charges. Adjudication was withheld for each felony charge, meaning I am NOT a convicted felon. This became official when I successfully completed my probation.

I have however been convicted of DUI in the past, and maybe misdemeanor possession of marijuana 10+ years ago (final disposition uncertain according to jurisdictional court’s records). Additionally, I have a trespassing arrest and a disorderly conduct arrest that resulted in withheld adjudication upon final disposition. I understand that these must all be disclosed in the explanation section of my application.

For those of you who DO NOT have any experience or knowledge in acquiring a license with comparable hindrances, I respectfully request you refrain from sharing unproductive comments. To the rest of you who may have some useful insight as to my circumstances: can I overcome the possibility that these transgressions may preclude my licensure as a CPA?

Categories: Felony Court Records Tags:

.Gov: Public Electronic Access to Federal Court Records

June 30th, 2010 Melanie No comments

Florida Arrest Records Online Search

June 30th, 2010 Melanie No comments

Background Florida Arrest Records checks are fast becoming a common practice across different walks of modern living. In particular, criminal history record checks have become a standard due diligence in employment procedures by veritable companies. They are in fact mandatory in recruitment for positions of trust in the state of Florida where they concern children, elderly and sick or disabled be it paid or volunteered. Florida Criminal Records are generally open to private investigators. They can be obtained from the Division of Criminal Justice Information Services (CJIS) at the Florida Department of Law Enforcement (FDLE). Free arrest records search is one of the most frequently requested but there are restrictions on their use. For example, professional background check services are forbidden by law to report them in new employee screening exercise. Actually, Florida Arrest Records are in more ways than one the most effective way of evaluating an individual’s tendency for brushes with the law. Florida State Repository only permits access of felony and misdemeanor convictions but arrest records are technically public records under Florida state laws unless they have been expunged or sealed by the courts. They are therefore accessible by any member of the public. Also, an arrest record is entered for every detention whether or not incarceration resulted. All these are state records although they are forwarded by the various county agencies like police departments, highway patrols and sheriff’s offices throughout the state. Search is available at the Florida State Repository and all arrests are reported to the Federal Investigation of Bureau (FBI) and the US Department of Justice. Public Free Arrest Records search are conducted for various purposes; checking out potential employees, neighbors, work colleagues or even prospective spouses. Although the law does not permit direct questions on arrest history in employment interviews, checks can be made in discretion. There are ways to get around its cap on reporting too and odds are it is done, underhanded that it may be. That’s why it’s a good idea to routinely self-check in case of errors against your favor. The legality on using it is potentially sticky to the layman. It has a lot to do with the source of the information. On this account, the risk can be easily circumvented by obtaining them through commercial third-party providers. Such outfits are abundantly found on all major search engines and the top ones are hugely professional, not least in the area of the lawful application of arrest and other Florida criminal records information.

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