Erasing Your Criminal Background Legally: Puerto Rico Edition

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The Ohio record-sealing statute allows the state to use and provide information regarding a sealed record to licensing boards and specific employers who provide care services. Ex-offenders who wish to pursue careers in childcare or healthcare can demonstrate their suitability for a position by notifying a potential employer that a conviction has been sealed, but they cannot hide a conviction in fields where the safety and well-being of others are of utmost concern.

See Jagunic, supra note 1, at The applicant is required to fill out a ten-page questionnaire that includes the reporting of child support orders, employment history, criminal history and basic demographic information. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel.

Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk. The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock! Our team loves working with Truescreen and the expedient, thorough service and results we get from you. I appreciate all your hard work ensuring that individuals are cleared through our processes.

Truescreen makes my job so much easier and less stressful. Ok, Continue Cancel. Resource Center. In the United States, once a criminal prosecution has been recorded in the public record, it typically remains there indefinitely. However, the processes of expungement, sealing and pardoning of criminal matters can affect their availability.

This white paper examines each of these processes and the implications of each. Sealed Records All expunged records are sealed, but not all sealed records are expunged. Caution in the Data Age While the sealing, expungement and pardoning of records mandate that courts and state agencies prevent or limit access to records, the initial criminal information can often appear in multiple places. Talent Acquisition Specialist.

Learning Coordinator. Human Resources Executive. Human Resources Analyst. Get In Touch. Thank you for your interest in Truescreen. The prohibition does not apply to any of the following: -- An authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration FAA , or any other person authorized by the FAA to conduct research and development or flight test operations. Department of Defense or the U.

S Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training. The energy from a directed energy device includes the following forms of energy: -- Electromagnetic radiation, including radio frequency, microwave, lasers, and masers.

This ordinance gained national attention, as described here in a speech by the then-mayor. The speech also describes the incidents that led to this ordinance. A person shall not be in violation of this section if his possession of a laser emitting device is necessary for his employment, trade or occupation and it is necessary for the pointer to be carried on his person.

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Beginning August 1, , a new Minnesota law SF makes it a gross misdemeanor when a person "knowingly aims and discharges a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight. In an effort to prevent laser-induced aircraft accidents, the new statute gives Minnesota law enforcement officials the right to arrest and prosecute any person knowingly discharging a laser at an airplane.

Incidentally, just three days after the law took effect a year-old was facing possible charges after targeting a Minnesota state patrol helicopter. Paul reported that "state patrol pilots have logged at least four such incidents [in] the past two years.

A March Springfield, Missouri ordinance makes certain uses and possession of laser pointers illegal. These include: Shining a laser on any person, animal, vehicle, building or resident Possession of a laser pointer by any person under the age of 18 Selling a laser pointer to any person under the age of 18 In an explanation accompanying Ordinance , a number of reasons for the laser pointer restrictions were detailed.

These included warnings by the FDA on December 18 , a Princeton University study warning about visual interference hazards to pilots and motor vehicle operators, and cases where police drew weapons in response to having a laser light on or near them. The Springfield Police Department supports such an ordinance, having received numerous complaints and inquiries concerning the improper use of laser pointers.

Another offense includes a three-car collision, where a young man pointed a laser light into the car ahead of him and startled the driver, causing him to slam on his brakes and create a pileup. The city of Joplin adopted an emergency ordinance September 7 by an vote. It began with an explanatory preamble about laser hazards: WHEREAS, the Food and Drug Administration has issued a warning to parents and school officials about the possibility of eye damage to children from hand-held laser pointers.

These products are generally safe when used as intended by teachers and lecturers to highlight areas on a chart of screen. Any person violating any provision of this section, upon conviction, shall be punished in accordance with section of this Code. A person shall not willfully direct at an aircraft any light emitted from a laser device or other source which is capable of interfering with the vision of a person operating the aircraft with the intent to interfere with the operation of the aircraft. The text is below: AN ACT relative to shining a laser pointing device at an aircraft or vessel, or at another person.

Any person who knowingly shines the beam of a laser pointing device at a law enforcement officer or law enforcement vehicle shall be guilty of a class A misdemeanor and the laser pointing device shall be seized and forfeited upon conviction. It shall be an affirmative defense under this section if the laser pointing device was used in an organized meeting or training class by the instructor or speaker. Nothing in this section shall be construed so as to limit the use of medical lasers by qualified medical personnel, or construction lasers used by construction personnel in the course of their work, or laser devices utilized by law enforcement personnel in the performance of their official duties.

For any person to purposely or knowingly shine the beam of a laser pointing device at an aircraft that is in flight or in the process of takeoff, landing, or taxiing. This act shall take effect January 1, Below is the text of Governor Christie's letter to the Senate describing why he vetoed the bill.

It shall be unlawful for any person to give, sell or offer to sell or cause any person to give, sell or offer to sell a laser pointer to any individual eighteen years of age or younger. Further, it shall be unlawful to display laser pointers in any manner or to post a sign advertising the availability of laser pointers unless a notice has been posted, in a form and manner prescribed by rule of the department of consumer affairs, indicating that the sale or giving of laser pointers to persons eighteen years of age or younger is a misdemeanor.

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It shall be unlawful for any person to direct light from a laser pointer at a uniformed police officer, uniformed security guard, uniformed school safety officer, uniformed traffic enforcement agent, uniformed member of a paid or volunteer fire department, uniformed emergency medical service worker or uniformed ambulance worker, or other uniformed city, state or federal peace officer, investigator or emergency service worker, or the marked service vehicle of any such individual.

Authorized agents and employees of the department of consumer affairs, and of any other agency designated by the mayor, shall have the authority to enforce the provisions of subdivisions b and c of this section. A proceeding to recover any civil penalty pursuant to this section shall be commenced by the service of a notice of hearing that shall be returnable to the administrative tribunal of the department of consumer affairs. The administrative tribunal of the department shall have the power to impose civil penalties for a violation of subdivision b or c of this section as follows: not more than three hundred dollars for the first violation; not more than five hundred dollars for the section violation by the same person within a two-year period; and not more than one thousand dollars for the third and all subsequent violations by the same person within a two-year period.

For purposes of determining whether a violation of subdivision b or subdivision c of this section should be adjudicated as a second, third or subsequent violation, violations of subdivision b and violations of subdivision c of this section by the same person within a two-year period shall be aggregated. Any person who violates subdivision b, c or e of this section shall be guilty of a misdemeanor.

Any person who violates subdivision d of this section shall be guilty of a violation for a first offense and a misdemeanor for all subsequent offenses. It takes effect November 1 The penal law is amended by adding two new sections A person is guilty of directing a laser at an aircraft in the second degree when, with intent to disrupt safe air travel, he or she directs the beam of a laser: 1. Onto a specific aircraft intending to thereby disrupt or interfere with such aircraft in the special aircraft jurisdiction of the United States; or 2. In the immediate vicinity of an aircraft in the special aircraft jurisdiction of the United States, and: a the calculated or measured beam irradiance on the aircraft, or in the immediate vicinity of the aircraft, exceeds limits set by the FAA for the FAA-specified laser flight zone normal, sensitive, critical, or laser-free where the aircraft was located; and b a pilot in the illuminated aircraft files a laser incident report with the FAA.

As used in this section: a the term "laser" shall mean any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam; and b the term "FAA" shall mean the Federal Aviation Administration. This section does not prohibit directing a laser beam at an aircraft, or in the immediate vicinity of an aircraft, by: a an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the FAA, or any other person authorized by the FAA to conduct such research and development or flight test operations; or b members or elements of the United States Department of Defense or the United States Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing or training; or c an individual in an emergency situation using a laser to attract the attention of an aircraft for bona fide rescue purposes; or d an individual whose laser operations have been submitted to and reviewed by the FAA, when: i the FAA has issued a letter not objecting to the laser use; and ii the laser is operated in conformity with the FAA submission.

Directing a laser at an aircraft is a class A misdemeanor.

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S A person is guilty of directing a laser at an aircraft in the first degree when he or she commits the crime of directing a laser at an aircraft in the second degree in violation of section Directing a laser at an aircraft in the first degree is a class E felony. This act shall take effect on the first of November next succeeding the date on which it shall have become a law. This section shall be known and may be cited as the "Laser Safety Act". This section does not prohibit aiming a beam of a laser pointer at an aircraft, or the flight path of such an aircraft by: An authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct research and development or flight test operations; 2 Members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing or training; or 3 By an individual using a laser emergency signaling device to send an emergency distress signal.

As used in this section: "Laser" or "laser pointer" means any device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or a device that emits light which simulates the appearance of a laser designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark or identify a specific position, place, item or object; and "Law enforcement officer" means any police officer, peace officer, sheriff, deputy sheriff, correctional officer, probation or parole officer, emergency management employee, judge, magistrate, or any employee of a governmental agency who is authorized by law to engage in the investigation, arrest, prosecution, or supervision of the incarceration of any person for any violation of law and has statutory powers of arrest.

This act shall become effective November 1, See Preface to Oregon Revised Statutes for further explanation. It makes it illegal under Commonwealth law to intentionally or knowingly point a laser pointer at an aircraft or at a law enforcement officer. As of August 14 , it is not known if the act has been signed by the Governor, and thus whether it has become an official law.

However, in October , New Jersey Governor Chris Christie vetoed a law , passed by the legislature, that would have banned the sale of laser pointers over 1 milliwatt. It is a relatively simple device that has many uses. It may be the size of a keychain or look like a battery flashlight. Laser pointers are most commonly used by people during audio visual presentations. These devices may be easily accessed and their power varies depending on the use for which it was designed.

With regard to aviation, when these devices are aimed at the cockpit of an aircraft, its intensity magnifies and enters into the cockpit of an aircraft as a bright and highly-intense light. Consequently, pilots are temporarily distracted, losing sight of the navigation tools and reference of the exact location of the aircraft. In addition, the permanent eye injuries that laser devices may cause could end the careers of aviation professionals.

The Federal Aviation Administration FAA has stated that the reported number of incidents involving the misuse of laser devices increased from 2, in to 3, in Reports show a growing trend of these incidents since Most of such incidents involved the use of green laser pointers which are particularly hazardous given that the human eye is more sensitive to the yellow-green light spectrum. Seventy-two 72 out of the 3, incidents reported in the United States during took place in Puerto Rico. Between January 1 and August 9, , the Puerto Rico Police Department received forty-five 45 complaints of pilots that have been victim of these incidents.

Such an attack to the cockpit of an aircraft during the final approach to landing may lead to potentially fatal consequences, since pilots lose reference of their exact location with respect to the ground. The pilots of the Puerto Rico Police Department have also been victims of this kind of attack. Police helicopter pilots have been shined by laser pointers while providing air support during police raids. Consequently, they leave such raids, endangering the safety of the police officers in the ground. Another unscrupulous act is using a laser pointer to intimidate or threaten a law enforcement officer.

Likewise, other emergency service officers such as paramedics and firefighters, to name a few, have been victims of this kind of attack. The situation worsens when such attack takes place while they are operating a motor vehicle, given that their reaction when feeling threatened may jeopardize their safety and that of others. Currently, aiming a laser pointer at an aircraft constitutes a federal crime. Also, states such as South Carolina, Georgia, and Washington, among others, have enacted laws that criminalize aiming a laser pointer at an aircraft, motor vehicle, and law enforcement officers.

The purpose of legislative initiatives taken in the Island is to provide additional tools to prosecute these offenses at both the Federal and the State levels. However, Puerto Rico does not have a statute prohibiting the indiscriminate use of these devices; thus, the malicious use thereof usually goes unpunished. Therefore, in order to deal with the misuse of laser pointers, the Legislative Assembly deems it necessary to classify the emission of laser beams in certain circumstances as an offense.

For purposes of this Act, serious bodily harm means an injury that requires hospitalization, long-term treatment, or causes permanent or mutilating injuries. If a person aims a laser pointer in the circumstances stated in subsections a , b , c , or d , such person shall be prosecuted in accordance with the provisions of the Penal Code of the Commonwealth of Puerto Rico.

Section 5. Such agencies shall also cooperate with Federal authorities in the investigation and prosecution of the persons who committed such offense. Section 6. Section 7. An amended version passed the House 81 to 8 on April 18 However, if it passes the Senate and is signed by the Governor, then it would become law.

LaserPointerSafety has ongoing coverage of South Carolina laws. Barfield, Clemmons and Sandifer S. Read the first time February 26, The following is the text of the Myrtle Beach City Council's ordinance to prohibit possession of laser pointers by minors. This was passed September 22 Ordinance violation would be a misdemeanor. Pointers used in prohibited ways subject to confiscation. Return would have to be ordered by courts.

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No changes since 1st reading. Issues: Real laser pointers are used as targeting devices for firearms. City received numerous complaints this summer from individuals who were targeted by laser pointers. In the ordinance codified in this chapter, the following words and terms shall have these defined meanings: "Laser pointer" means any hand-held device containing a small diode laser that is capable of emitting an intense beam of light.

It shall be unlawful for any minor to possess a laser pointer except within the permanent residence of that minor b. It shall be unlawful for any person to knowingly sell, offer to sell, lease, give or otherwise provide a laser pointer to a minor, except as otherwise permitted by this section. The provisions of subsections a and b do not apply if: -- c1.

The laser pointer is temporarily transferred to the minor for an educational or other lawful purpose and the minor is under the direct supervision of a parent, legal guardian, teacher, employer or other responsible person eighteen years of age or older; or -- c2. The minor's possession of the laser pointer is necessary for his or her employment, trade or occupation and it is necessary for the laser pointer to be carried on his or her person.

It shall be unlawful for any person to direct the light from a laser pointer into the eye or eyes of another person from or to public or private property at any time.

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It shall be unlawful for any person to direct the light from a laser pointer upon another person, a person's vehicle, or upon an animal, in such a manner as to unreasonably cause harassment to that person, a motorist, or animal. It shall be unlawful for any person to direct the light from a laser pointer at any person or object on public or private beaches, public lands, parks, street, alley or public ways. It shall be unlawful for any person to direct the light from a laser pointer at any airplane or helicopter.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as the law allows for a misdemeanor crime. Any laser pointer found upon the person of a minor, or used by any person in a prohibited manner may be immediately seized by law enforcement, and a Court of competent jurisdiction shall determine the temporary or permanent nature of the confiscation.

This ordinance shall become effective upon adoption. Below is the laser pointer law for the city of North Myrtle Beach as of September 17 The ordinance was significantly revised in February and therefore the text below is NOT the current as of April North Myrtle Beach ordinance.

It is listed below for historical reference purposes. The following words or phrases, as used in this chapter, shall have the following respective meanings as set out in this section, unless a different meaning clearly appears from the context: Handheld means any light emitting device whose longest dimension is 15 inches or less. High divergence refers to the rapid spreading out of laser light in such a manner as to avoid concentration of such light into a beam. Laser means is a device that emits light through a process of optical amplification based on the stimulated emission of photons.

Laser pointer means a battery-powered portable handheld device that emits visible laser light in a narrow beam. Laser pico projectors and other high-divergence laser light sources are not included in this definition. Pico projector means a small-format projector that can be used as a standalone projector or as an integrated component in mobile devices, and uses the same technology that powers standard projectors for purposes of projecting images or videos or other similar displays onto a surface. Portable laser means any laser light emitting device that is not affixed to an immovable base, or any component of a fixed device that can be separated from its base and activated.

Structure means anything constructed, erected or established, including but not limited to swimming pools, buildings, trailers, screened enclosures, patio walls, decks, or similar man-made features. It shall be unlawful to utilize a laser pointer in any of the following manners: -- 1 Aiming the beam at or into a structure or any portion thereof in such a manner as to be visible from the inside of the structure.

Nothing in this ordinance shall be deemed to preclude the legitimate use of laser pointing devices by law enforcement personnel in the discharge of their duties. This law was apparently signed by Tennessee's governor on June 9, This act shall take effect July 1, , the public welfare requiring it. Use of Laser Pointers a A person commits an offense if the person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer.

Added by Acts , 78th Leg. Added by Acts , 80th Leg. September 1, Unlawful use of a laser pointer -- Definitions -- Penalties. Violation of Subsection 2 b is a class C misdemeanor. Enacted by Chapter 67, General Session. Virginia code 5. Johnson, who unsuccessfully argued that he had no intent to interfere with the helicopter; he wanted to view its registration number for a noise complaint.

He also unsuccessfully argued that the spotlight did not interfere with the operation of the aircraft. Note: The blue text below was added in HB 87 passed March 7 and was signed into law March The blue text amendments go into effect July 1 Interference with operation of aircraft; penalties; venue. Any person who interferes with or threatens to interfere with the operation of any aircraft, unless he is authorized by the Federal Aviation Administration or the armed forces of the United States , on or over the territory of the Commonwealth shall be guilty of a Class 1 misdemeanor.

Where the act or acts of interference or threatened interference are of such a nature as to endanger the life of the aircraft's operator or the life of any other person, the person interfering or threatening to interfere shall be guilty of a Class 6 felony. Any person who knowingly and intentionally projects a point of light from a laser, laser gun sight, or any other device that simulates a laser at an aircraft is guilty of a Class 1 misdemeanor. Venue for the issuance of a warrant for the arrest and trial of any such person is hereby conferred upon any court having criminal jurisdiction in the political subdivision in the Commonwealth where the aircraft either took off prior to such offense, or where it lands or comes to rest subsequent to such offense, or in or over which the offense occurred.

Pointing laser at law-enforcement officer unlawful; penalty. If any person, knowing or having reason to know another person is a law-enforcement officer as defined in From Justia. The copy here is not signed, but this does appear to be an ordinance which passed and still applies in Virginia Beach, Virginia. Interestingly, it appears to be one of the few "laser laws" which also applies to a flashlight. An ordinance to amend the city code by adding a new section prohibiting any person from directing the beam from a laser pen, flashlight or similar device into the eyes of another person.

See also stories about the city of Virginia Beach in wanting the state to make aiming at aircraft illegal. The legislature finds that lasers are becoming both less expensive and more accessible in our technologically advanced society. Laser devices are being used by individuals in a manner so as to intimidate and harass.

This creates an especially serious problem for law enforcement officers who reasonably believe they are the target of a laser sighting device on a firearm.


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Additionally, emergency service providers, service providers, and others who operate aircraft or motor vehicles may be negatively affected to the point of jeopardizing their safety as well as the safety of others. In order to address the misuse of lasers, the legislature hereby finds it necessary to criminalize the discharge of lasers under certain circumstances. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings.

A person concerning whom such an order has been entered shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge such arrests or institution of criminal proceedings, or the results thereof, in response to an inquiry made of him for any purpose. Congress has directed that DNA analysis be expunged from certain indices when a conviction has been overturned. No provision for expungement or sealing. While there is no general administrative relief mechanism available from federal collateral consequences, waivers in particular cases may be available from responsible agency officials for both state and federal offenses subject to disabilities under particular federal statutes.

A few federal statutes specifically incorporate a waiver provision based on state provisions for pardon or restoration of rights. In certain cases, an alien may avoid deportation based on conviction if he is pardoned. Sentencing Rep. Under HUD regulations, federal restrictions on licensure as a mortgage originator for persons convicted of a felony may be waived by a pardon.

See 24 C.

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There is no general provision in federal law that prohibits consideration of a criminal conviction in connection with employment or licensure. Consequently, the Commission has held and continues to hold that such a policy or practice is unlawful under Title VII in the absence of a justifying business necessity. See 15 U. However, convictions of any age may be reported. Additional notice and other procedural protections required by the FCRA also apply directly to an employer, as discussed in FTC advisory letters.

Federal law now authorizes or requires criminal history background checks, and mandates disqualification based on certain convictions, for a wide variety of state-licensed occupations and employments. Some of these regulatory schemes contain time limits or provide for administrative waiver, as described below. Starting with the USA Patriot Act, a progression of federal laws and regulations have been enacted to screen workers employed in the air, sea, and ground transportation industries.

Although the laws themselves vary in specificity, by regulation and policy the Transportation Security Administration TSA has attempted to harmonize the different screening policies, though the Aviation and Transportation Security Act of imposes more stringent limits on airport employment than those applicable to maritime employees and commercial drivers. Major categories of workers covered by the ATSA include airport screeners, mechanics, flight attendants and pilots, fleet service workers, and workers handling commercial or passenger cargo in secured areas.

TSA has proposed regulations to extend a separate level of screening to workers who handle cargo in unsecured areas. In addition, some misdemeanors may also be disqualifying. See United States v. Baer , F. In contrast to the Hazmat regulations below , the TSA regulations make felony simple possession of a controlled substance a disqualifying offense also.


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If there is no disposition, or if the disposition did not result in a conviction or in a finding of not guilty by reason of insanity of a disqualifying offense, the individual is not disqualified. In addition, where an individual is allowed to withdraw an original plea of guilty or nolo contendere and enter a plea of not guilty and the case is subsequently dismissed, the individual is no longer considered to have a conviction for purposes of this subchapter.

Unlike the ATSA, the Patriot Act does not list disqualifying offenses or impose any time limits on their consideration. These offenses, whether felonies or misdemeanors, will be considered disqualifying no matter how dated. An applicant disqualified because of a criminal offense may within 60 days appeal that determination within the TSA and, if unsuccessful, then seek review in a court of appeals. If he does not appeal within 60 days, or if his administrative appeal is unsuccessful, then the Initial Determination of Threat Assessment becomes a Final Determination.

Should his waiver request be denied, he may seek review of that decision as well, first before an Administrative Law Judge, then before the Deputy Administrator, and then by petitioning a court of appeals for review. As to pardoned or expunged convictions, see infra. Privacy protections are written into the law — individual employers may be informed only of the results.

See 46 U. The TSA must also establish an appeals process that requires notice and a hearing. For all maritime and land transportation security employments subject to regulation by TSA, the rules on expunged and pardoned offenses are contained in 49 C. Convicted means any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged.

Examples of restrictions specifically mentioned in TSA advisory memoranda include limitations on ownership of a firearm, and limitations on employment as law enforcement officer, teacher, or health care provider. See id. If a record fails to indicate the disposition of an arrest, the credentialing authority may take into account convictions outside the year period in making a suitability determination.

Procedures on expungements vary from state to state, and may change at any time. Therefore, TSA hopes to avoid inconsistent application of the law against hazmat drivers by providing the new definition.

Thus pardons and some expungements will be given effect even prior to the waiver stage. For purposes of this law, pre-trial diversion or similar programs are considered to be convictions.



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