Question about Background Check for Solicitation

jayhawker1980's Avatar
Sorry about the length of my thread before getting to my real question. Some of you might be interested in my experience anyhow.


About ten years ago, long before sites like ASPD and ECCIE, and On-line Back Page Ads, I answered an ad in the Pitch Magazine for two girls. It turned out to be an incall in Olathe at the Holiday Inn. When I entered the room there were two absolutely beautiful girls. They let me into the room, centered me up in front of the TV, and had me set on the bed. They began to ask me very specific questions about what I was there for. My answer was to “just hang out and see what happens”. That did not satisfy them as they pressed for me to tell them what I wanted. At this point every alarm was going off in my head, and I was trying to figure out how to get out of there. I told them “I didn’t think I had enough and would maybe try again another time”. I know that was weak, but it was all I could come up with. They then said, “Well how much do you have?” I think I said something like “$45” hoping they would tell me to get the hell out of there. They then said something like “we can work with that.” I don’t remember exactly what they suggested we could do, but I think I just gave up and said something like “OK, whatever”. At that point the two girls went into the bathroom and the connecting door to the next room opened and two officers walked in. I was such a wuss that I flopped down face first on the bed with my arms spread. I think the officers just kind of laughed and told me to “stand up and that if I was cool with them, they would be cool with me”. I don’t think they even searched me, and they did not put any cuffs on me. They asked me to step into the next room and said that they just wanted a couple pieces of information, they would write me a ticket, and then I would be on my way. This was not at all like the stings I had seen on episodes of Cops, where the guys were cuffed, yelled at, put in a van with 20 other guys, and waited two hours to be sent to booking. They even asked me if they could get me anything to drink. I know now by reading some threads about how the police will try to be your friend in order to get info from you, but I was very naive. All they really wanted to know is if I had ever done this before in Olathe, because this was really the first time they had tried this, and were trying to get a handle on what the extend of this was going on in their city. I kind of believed them because I think they were really surprised by the numbers. They had two other guys get nabbed while I was talking to them. They had guys stacking up like planes trying to land at JFK. I didn’t even have my Drivers License on me; they took my word as to who I was. I was too afraid of lying to them, so I gave them the correct name. They told me that this should not really be a big deal and that I should go see a lawyer, as it would make things easier on me. They kept their word and told me to go directly to my car and don’t try and warn anyone else. I did and got the hell out of there.

I went and saw a Lawyer. He asked for a couple hundred dollars and said he would take care of it. He had me meet him at the Olathe Police station, told me that if I would agree to it, that he had made a deal with the DA and that I would have to go see a Probation Officer once a week for a couple months and go to a couple Prostitution classes (which were a real joke), and I think I paid a fine of a couple hundred dollars. All in all, pretty painless. Now to my real question.. I have recently been laid off and am in the process of looking for a new job. Most the applications for employment use to say, “Have you ever been convicted of a Felony”. I know to that question I could easily answer “No”. But now most companies are asking for you to list anything, except minor traffic tickets. Even DUI’s are to be listed. I have no real idea what kind of deal I made, and what would be found if they do a “Background Check”. Does anyone know how a person can check on his own Background. I don’t want to lie on an application, but I don’t want to put something on it that is not going to show up anyways. Thanks in advance.
jayhawker1980's Avatar
Sorry - I meant to put this in the "Co-ed Discussion". I'm not sure how to fix this.
dirty dog's Avatar
I would not list it, even if they found it, you could say that when you were younger you were at a strip club which was raided and you got caught up with all the others in the club, of course this is all bullshit and not really a solicitation charge but most people would have no idea and would probably just over look it from that point on.
My question runs right down the line from yours.
Is there anything that is "legal" to do with a young beauty in a motel room??? Picture taking,modeling or lap dances. I know LE are tricky but there has to be something that is legal to do???
NoHalo4Me's Avatar
Hire a lawyer to have your conviction expunged. Once expunged you can even testify under oath that you have never been convicted.

http://kansasstatutes.lesterama.org/...6/21-4619.html
jayhawker1980's Avatar
Thank you NoHalo4ME. I read the link as best I can with only an MBA. This looks like something worth looking into. With as tough as the job market is right now, having just the phrase "Solicitation" come up on a Background check, can really hurt your chances. Are you a Lawyer (you don't have to answer if you don't want to)? Do you have any suggestions of someone that could do this painlessly?
bigbirddog's Avatar
The question is "have you ever been convicted of a felony". You were charged with a violation or a misdemeanor. You were never even charged with a felony. The answer is "no".
jayhawker1980's Avatar
No - I said that that is the question that was asked of me years ago. Today most applications ask "Have you ever been convicted of, or been through the Diversion process for either a felony or misdemeanor. This includes all offenses except for minor traffic offenses. DUI's should be included." I'm pretty sure that what I went through to get out of this would be considered a "Diversion", in which case I would have to list it.
In Kansas, having done a check like this before, only Felonies and Misdemeanor Class A,B violations, and C's of assaults are listed in their repository. So if you were convicted of a Class C Violation (which most solicitiations are in Kansas) or just a municipal violation, which most get pled down to (such as disorderly conduct, disturbing the peace etc..) there is no record available to employers at that level. You can always go and check over at
http://www.kansas.gov/kbi/criminalhi...+My+Own+Record

I'm not sure how much it costs, something like $20 to do it online.
Longermonger's Avatar
I would consider what you did a minor traffic offense. You were trying to illegally "park your car" in her garage...and got caught.

A good cover story is that you went to get a massage and she turned out to be a (gasp!) prostitute. You were caught up in a sting even though you were just there to get a back rub. Tell them you've had to live with your back pain all these years because you're too terrified that you might get arrested again if you seek therapy.
swarmyone's Avatar
In Kansas, having done a check like this before, only Felonies and Misdemeanor Class A,B violations, and C's of assaults are listed in their repository. So if you were convicted of a Class C Violation (which most solicitiations are in Kansas) or just a municipal violation, which most get pled down to (such as disorderly conduct, disturbing the peace etc..) there is no record available to employers at that level. You can always go and check over at
http://www.kansas.gov/kbi/criminalhi...+My+Own+Record

I'm not sure how much it costs, something like $20 to do it online. Originally Posted by super_delfin00
That is not true in the KC Metro area. Years ago I worked for a retailer that did "background checks" on all new hires. The check consisted of paying $5 to the KCMO PD to give us a copy of their ALERT record. ALERT is the computer database that all metro pd's use. It included entries everytime you had police "contact". I don't know if they still do this or if it's available to the public. We just had to fill out a little 4" x 6" card, gave them a check, and a couple days later they would send us any records that had "pertinent" information.

I would not list it, even if they found it, you could say that when you were younger you were at a strip club which was raided and you got caught up with all the others in the club, of course this is all bullshit and not really a solicitation charge but most people would have no idea and would probably just over look it from that point on. Originally Posted by dirty dog
Excellent advice. That's what I would do.

No - I said that that is the question that was asked of me years ago. Today most applications ask "Have you ever been convicted of, or been through the Diversion process for either a felony or misdemeanor. This includes all offenses except for minor traffic offenses. DUI's should be included." I'm pretty sure that what I went through to get out of this would be considered a "Diversion", in which case I would have to list it. Originally Posted by jayhawker1980
If you completed "Diversion", then you were never convicted of any crime and can honestly answer as such. However if you pled guilty to a lesser crime, then you do have a "conviction". Regardless, the expungement process for a municipal misdemeanor is a realtively simple process that should only cost a couple hundred bucks. Basically you petition the court saying that you made a mistake several years ago, but have lived a clean life since then and wish to remove your youthful indescretion from the record. You will need an attorney however. My advice would be to call a few, explain the situation exactly (believe me they have already heard it all before) and they should be able to give you a reliable estimate.
onehitwonder's Avatar
OK. Here we go..............

About 10 years ago I was a waitress in SC. I waited on LE and I simply asked " Can I get Y'all anything else?" PERIOD And to this day because I took a deal, pd fine and probation it comes up as some sort of sexual mis-conduct. Lewd conduct if I remember right. I tried 2 yrs ago to rent a house and the real estate lady told me that on paper I look like a sexual deviant. True story.
JRLawrence's Avatar
Another strange thing.

Years ago I completed a training course for "How to interview and hire People" from one of the largest Fortune 500 companies.

We were told that it is illegal to ask if a person has ever been arrested for anything other a "job related felony". However, we were trained in how to ask other questions so that the person interviewed was likely to give us the same information without being specifically asked for it. The safe way is to as general questions to get the person to volunteer information. The idea is to try to get to know the person you offered the job to.

Hope that helps.

JR
morenankc's Avatar
“OK, whatever”. At that point the two girls went into the bathroom and the connecting door to the next room opened and two officers walked in Originally Posted by jayhawker1980

maybe this is off subject but is it realistic to ask the front desk if this is a connecting room before you even go in? maybe sumthing like " last time i was here i really lked 276, do you know if it is a connecting room or not..."
As someone who has been arrested and went through the diversion process also some years ago, I second SWARMYONE's last paragraph and give it to you as gospel.

To his comment regarding getting your record expunged, you need to take the steps to get it expunged or the courts will leave it on there. It's not their problem, it's yours. It's also not necessary to get an attorney involved. And as someone who recently got his record expunged, the cost was $15. Well worth it for that to be gone. Go to the courthouse where your problem began and talk to someone in the DA's office for what you need to do.