Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I pleaded guilty to charges of simple possession of marijuana and a open container in South Carolina in 2007. The judge told me that I would be able to get the charges expunged after 3 years. I recently tried to have the charges expunged. The expungement was denied because I previously had a prior expungement. I did a SLED background check and it came back clean but, when I go on job interviews, the two misdemeanor convictions show up and I get denied employment. I tried hiring several different lawyers to assist me with a pardon but, they all turned me down because they say there is nothing on my SLED background check. What can I do about this situation?
The misdemeanor convictions are likely showing up on your employment background checks because you did not have them properly expunged. You mentioned that you applied for an expungement, but it was denied. This may be the reason that the misdemeanor convictions show up on your employment background check. Depending on the type of job you are applying for, criminal convictions may or may not show up. For instance, if you are seeking employment with a government agency, your previous expunged convictions may still be viewed.
You should provide a local attorney with your criminal record so he or she can review your prior convictions and expungements. The attorney should be able to provide you with guidance on how to make sure all your criminal convictions are properly expunged.
