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Criminal Law/Clearing Criminal Record

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Expert: - 1/11/2010


Question
QUESTION: I know someone who has a 12 year old class C felony charge. The charge was for a drunken fight. He didn't start the fight, but he took it too far in defending himself. He has been in a recovery program and he would like to clear his record so he can get get his LPN (Nursing license)and maybe his RN. Is it possible for him to do this in Virginia?

Jeffrey Peter Hauck, Licensed Private Detective
Jeffrey Peter Hauck, L  
ANSWER: Paige,

The answer is most likely no.  Expunging or clearing a record is usually only possible if the person is acquitted or has completed a first time offender program, etc.  However, I could be wrong so it would benefit you to contact a criminal defense attorney and ask for a free consultation to see what your friend is really up against.

Jeff



Jeffrey Peter Hauck, JD, CPO, CII  
Licensed Private Detective
Post Office Box 142
Macungie, PA 18062
Tel: 484-274-3909
pa.detective@gmail.com
www.private-eye.homestead.com

---------- FOLLOW-UP ----------

QUESTION: Your previous answer was very helpful and I appreciate your time. I was just wondering, if we aren't aiming to clear his record, but just to somehow get his LPN otherwise, would you have any different advice?

Answer
Jeffrey Hauck, Licensed Private Detective
Jeffrey Hauck, License  
Paige,

The VA Board Nursing requires the following question to be answered on the application for LPN licensing : "Have you ever been convicted, pled guilty to  or pled Nolo Contendere to the violation of any federal, state or other statute or ordinance constituting a felony or misdemeanor?  (Including convictions for driving under the influence, but excluding traffic violations)?  Yes ______  No ______.  If yes, explain under explanation section and have a certified copy of the court order sent directly to the Board of Nursing."

The Board then considers the applicant and their specific criminal history prior to licensing.  You can bet that a criminal records check is conducted on every applicant to screen out people who don't accurately report.  Unfortunately I don't see any way around this issue but to be honest and see what happens.

Jeff



Jeffrey Hauck
Licensed Private Detective
Post Office Box 142
Macungie, PA 18062
Tel: 484-274-3909
pa.detective@gmail.com
www.private-eye.homestead.com  

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Jeffrey-Peter Hauck

Expertise

I would welcome the opportunity to answer questions relating to or related to the field of criminal law. I possess the experience and education necessary to answer your concerns or to point you in the right direction. I appreciate your confidence. Thank you!

Experience

Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL. Adjunct professor of Criminal Justice, Political Science, & Paralegal Studies teaching on the courses of: "Criminal Law;" "Constitutional Law;" "Bankruptcy Law for Paralegals;" "Real Estate Law for Paralegals;" "Psychological Profiling;" "Introduction to the Criminal Justice System," White Collar Crime;" "Crime Prevention;" "Risk Management;" "International Policing;" "Eight Skills of the Effective Criminal Justice Student;" "Deviance and Violence;" Criminal Justice Bachelor's Degree Capstone;" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development." 12 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, ANCOC, and Chemical Branch Officer Basic leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer serving in the U.S. Army.

Organizations
ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU), among others.

Publications
Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright, among others.

Education/Credentials
Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Allentown, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training. PA Certified Act 235 Lethal Weapons Instructor in Academics, Firearms, and Skills training, among others.

Awards and Honors
United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004, among others.

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