Felony Convictions (Expunged) Board Members

Started by GertrudeC • 13 replies • 2776 views

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GertrudeC (California)
Posts: 23

Posted:

A requirement to serve on a BOD is not having a felony conviction. We do not do background checks so how could one ever know? Even if we did if Expunged it would not show up. So what good is that stipulation? Members have heard one Board Member has a past arrest history and has lost a professional license. Rumors no facts.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

A felony is different than just arrested or license removed. There are different level of crimes. A felon being the worse. I can get arrested for not paying parking tickets. Does NOT count as "felony". Felony charges are rarely "esponged". That process usually takes a governor/president/or maybe a retrial. A felony conviction loses your right to vote in Elections.

Even if you did incorporate a check, it usually means you can only check the county/city your living in. It does not encompass other states, counties, or cities. That form is usually taken to the County Courthouse and signed by the Sheriff's department. They just look to verify you have no convictions on your record.

Not too many convicted felons decide to participate in their HOA's. My only concern would be those who may be in positions where they sign checks or monitor the money. Otherwise, have no issue with who is on my board willing to serve if I voted for them.

Former HOA President

AmandaR2 (South Carolina)
Posts: 566

Posted:

Quote:

Posted By GertrudeC on 01/10/2015 10:32 AM
A requirement to serve on a BOD is not having a felony conviction. We do not do background checks so how could one ever know? Even if we did if Expunged it would not show up. So what good is that stipulation? Members have heard one Board Member has a past arrest history and has lost a professional license. Rumors no facts.

I believe in some states it's illegal to ask about an arrest that didn't result in a conviction or a conviction that was later dismissed or expunged, when applying for a job. There may be exceptions for applying for jobs in police work etc;. I think it would be difficult to have a felony expunged but if it were it's almost as if the record never existed. I'm not sure if any of that would apply to someone applying for a position on a HOA Board? look up state laws and/or question an attorney about that, you wouldn't want to be accused of harassing anyone.

As far as your stipulation, it would be at your boards discretion/decision to decide if mandatory criminal record checks are required if your governing documents don't specify they are.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Certain types of felonies could have an impact on the availability and cost of Directors & Officers and Fidelity Insurance. I suggest that you contact your insurance provider to get an understanding of those specifics.

Sikubali jukumu. Read all posts at your own risk.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Sikubali jukumu. Read all posts at your own risk.

AmandaR2 (South Carolina)
Posts: 566

Posted:

Gertrude, what are the other BOD members positions on pursuing the matter? since this is nothing more than rumors I would be careful not to spread them.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By AmandaR2 on 01/10/2015 4:44 PM
Gertrude, what are the other BOD members positions on pursuing the matter? since this is nothing more than rumors I would be careful not to spread them.

Wise advice.

JonD1
Posts: 2,350

Posted:

I would not involve myself with matters based on rumore.

Nor would I think this member would appreciate the OP or anyone else digging into his background.

My concern what kind of job is he doing while serving on the board?

Some people live to find problems and cause trouble.
Let THEM push the issue and stay out of it.

CyrstalB (Maryland)
Posts: 457

Posted:

Quote:

Posted By JonD1 on 01/10/2015 5:32 PM
...
Some people live to find problems and cause trouble.
Let THEM push the issue and stay out of it.

and they always find this forum! ;)

MarkM31 (Washington)
Posts: 556

Posted:

Quote:

Posted By GertrudeC on 01/10/2015 10:32 AM
Even if we did if Expunged it would not show up. So what good is that stipulation?

You clearly have no idea of the purpose of expungement

JanetB2 (Colorado)
Posts: 4,219

Posted:

Gertrude:

All your owners can do is best faithful due diligence on what is provided as public information. I do not live in CA so do not know what is provided as public info for free. In NM I could look up arrest record info, in CO I potentially would have to pay for same easy access to same court info. On one hand I understand certain concerns, but I also believe in a legal system where if someone caught and did their as required for activity whether fines or jail is entitled to a second chance.

My only concern potentially same as Melissa is do not put anyone who has past criminal activity in a position with regards to HOA money. I am a firm believer an HOA should require two signatures on checks and must me two who are not the Treasurer. Anyone who does the accounting portion should not sign checks. It is just good common sense and CYA for the HOA as in many instances as a Non-Profit organization.

SkunT (Ohio)
Posts: 73

Posted:

Quote:

Posted By JanetB2 on 01/11/2015 7:51 PM
Gertrude:

All your owners can do is best faithful due diligence on what is provided as public information. I do not live in CA so do not know what is provided as public info for free. In NM I could look up arrest record info, in CO I potentially would have to pay for same easy access to same court info. On one hand I understand certain concerns, but I also believe in a legal system where if someone caught and did their as required for activity whether fines or jail is entitled to a second chance.

My only concern potentially same as Melissa is do not put anyone who has past criminal activity in a position with regards to HOA money. I am a firm believer an HOA should require two signatures on checks and must me two who are not the Treasurer. Anyone who does the accounting portion should not sign checks. It is just good common sense and CYA for the HOA as in many instances as a Non-Profit organization.

Actually that board member can sue anyone civilly if they tell others about their expunged records no matter if their a felony which OHIO I believe you can have up too 2 minor Felony's expunged after 10 years and not gotten into any further troubles.

That's $10,000 easy money for that person per Civil Rights Violations.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By SkunT on 01/16/2015 10:07 PM

OHIO I believe you can have up too 2 minor Felony's expunged after 10 years and not gotten into any further troubles.

Skun,

Can you provide the basis for your belief (citation of codes, etc.)?

MarkM31 (Washington)
Posts: 556

Posted:

http://codes.ohio.gov/orc/2953

Starts at 2953.31

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