M
markomalley
Guest
First of all, the Freedom of Information Act has absolutely nothing to do with your criminal record. FOIA applies to the Executive Branch of the Federal Government. It does not apply to the courts nor does it apply to any state government (I am assuming that your trial and conviction happened in a state court,not a federal court).I hate the freedom of information act.
It causes millions of impoverished minorities and ex-cons to be held down and suppressed by those in power. Are there any other Catholics like me who want to abolish this stupid act.
Secondly, your right to a public trial is a very precious right, up there with the right to confront your accuser and the right to have an attorney. You should be very thankful of those rights. If you didn’t have those rights, there would be nothing to stop the government from coming to get you in the middle of the night, convicting you of a crime with evidence that you are not even able to see, and to whisk you off to a prison and keep you incommunicado for as long as they like.
Part of your trial being a public trial is having the court records available for examination by the public.
Is there a downside…sure. Prospective employers are members of the public and so have a right to know if you have been convicted of a crime.
I won’t support you in trying to take the right of a public trial away from me. Sorry.
As for your specific situation: did your employer ask you in your job application if you’d been convicted of a DUI in the (insert time period here)? Did they ask you in your job application if you’d been convicted of any crime in the (insert time period here)?
If they didn’t and you didn’t lie about your conviction, you might have a case for a wrongful termination. (If they hired you either knowing about the conviction or not bothering to ask about it then they screwed up and you shouldn’t be penalized…unless you gave them some job-related cause to take action)
On the other hand, if you lied about it on your job application, then that would be your problem, wouldn’t it?
