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Nondisclosure Finding
A finding that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information. Interstate petitions must include certain identifying information regarding the parties and child(ren) unless a tribunal makes a nondisclosure finding by ordering that the address or identifying information not be disclosed. In such cases the finding would be identified by a Family Violence Indicator (FVI). The procedures for obtaining a nondisclosure finding vary from State to State.
Question: Nondisclosure on Employment Background Check? I just found out I have a worthless check charge from 7 years ago in Union county, North Carolina due to a routine employment background check. I have a letter from the complaintant that they have no record of this plus no one can produce the original returned check or a copy of it. My concern is I am due to start a new job and they advised me that they are going to rescind the offer of employment for nondisclosure.
I explained I couldn't disclose something I have no knowledge of. I need advice on how I can remedy this with my new employer as the dismissed charges may not be sufficient.
Answer: it seems they are looking for an excuse not to hire you.
if everything you have hear is truthful and no other facts are involved, i would think a good solution for you should be forth coming. if you explain what happened and how this was resolved then this issue should not prevent this company from hiring you.
where the charges dismissed by the court?
generally in a case such as this if you did not show for court a judgment would have been entered against you and that judgment would still be in effect. it does not matter if the complainant has the check because they shouldn't the court should have it. if there is an outstanding judgment get it resolved as soon as possible.
background check companies are governed the same as credit reporting agencies, if there is an error you are given the opportunity to have it corrected. if there is not an error then you have learned a lesson and now will disclose this issue in the future.
if this employer wants to hire you they will, this will not prevent them from doing so. otherwise move on and apply someplace else. if they use this excuse to not hire you then you must wonder how they will be to work for.
Question: We want to find out how much the other homes in the neighborhood have sold for.? We also live in a nondisclosure state and realtors will only tell you what is in their best interest. How can I find out how much homes are worth in the area of the home we are interested in? Not the ziggie or whatever site please.
Answer: The best way is to contact a local appraiser and see if he will provide compts to you of the neighborhood you desire to live in. He will try to get recent sales.
Failure to find a local appraiser you might contact a local title company, see if the can provide the same for you.
If you have a real estate agent as a buyer's agent this agent should be providing you with this information free as this would be one of the reasons to make an offer on a potential property you would want to purchase.
If you have doubts about your real estate agent,perhaps you should find another or tell the one you have your reasons for doubting this agent.
I hope this has been some benefit to you, good luck.
"FIGHT ON"
Question: Is it LYING or Nondisclosure??? A year ago I was asked by my husbands mother to look into a legal issue. She made me promise to tell anyone she was asking! I gave her my word! Once I found out it possibly involved my husband I knew I needed to question him. I approached him, however leaving out his mothers involvement and simply stated that the issue came across my desk (which it did, just by his mother) and that it involved his brother and possibly him. I did not believe my husband was involved, but questioned that his brother might be!
Today during a discussion, I "slipped" making reference to his mother's requesting my involvement and my husband is now labeling me a "liar". It could have been a very serious criminal act had my husband been involved! I pride myself on keeping my word and take it very seriously!
My question is: Is creating a scenerio to discuss an issue and sheltering my mother in law lying?
Now my husband is stating he cannot trust me with anything as I "lied" to him!!!
Excuse me, She made me promise to NOT tell anyone she was involved!!!
The situation was about his brother! After looking into the situation, it looked as though my husband could have been involved. Had I known that he was invovled, I certainly would have come to him. The relationship between he and his mother was VERY VERY BAD and I was trying to keep the peace and protect everyone involved. I did approach my husband when his name came up. Just did not tell him his mother gave me the information! I simply said it came across my desk.
During said period, my husband and I were not together! He had cheated, was living with him mother and she was concerned that illegal activity was taking place in her home.
And for those who said I should have put my husband first during this time.....NO, he should have put me first and not cheated and wouldn't have been at his mothers house in the first place!!!
To respond.....I am an attorney and have the means to investigate the situation. That is why she came to me!
Answer: slippery slope when you conspire with your mother-in-law without your husband knowing it......bummer for you I'm afraid
Question: Biz idea that would include already established franchises/businesses.? I have a new idea that would be a combination of a product and already established franchises nationwide. Who do I contact first? Is this considered a patent idea, trademark idea or what? All I know is I should sign a nondisclosure contract right? Where do I find that and how much does it cost?
And the product is already widely used as well. I just want to use some of its characteristics in my own product.
Answer: Check for patents on line via your country's patent office's site. Don't forget to check out IPs as well (Intellectual Properties).
If you have enough points of difference, you should be able to register your own idea.
Good luck!
Question: Home owner in mediation for non disclosure, I have alot of issues here? Purchased home 2005, nothing went well during this process. After 3 months in the house, roof was leaking, basement started showing cracks in the walls, leaks into the basement thru the walls and windows. Aug 2006, hired building engineer to give structural inspection. He found many issues of nondisclosure. 8/06 hired good attorney. Filed non disclosure against seller. Seller hires attorney in same building as my attorney. My inspectors find 45,000 dollars in damages. Her inspector says we are the cause of the damages. We are going to mediation next week. What am I to do? I am not sure whats going on and my attorney never answers any of my questions.
Long story short, I was told I could get an inspection or an appraisal. My realtor said get the appraisal it's cheeper. So I did. I am a single woman and never purchased a house before. I was all new to this and I now know I was taken advantage of. The broker and the seller are friends and my broker fell through two days before I was to move out and into the house. Her (the seller) broker offered to help me and found me a loan etc.
But wait there's more, the basement was freshly painted white, and crack filler was found in the basement. she left all the evidence behind. Also, when viewing the basement the first time I saw the house, she stated and signed a statement that there were no cracks or leaks. Then on 1/4/07 when she was here with her inspector and attorney she said (I have a witness who heard her clearly) "Those cracks were there when I purchased the house in 1991. I bought the house in 2005.
Answer: An attorney that doesn't return calls, either has a bad billing system, they are a bad attorney or you may not be grouping your calls.
Talk to the first home inspector (when you purchased the house). Did they take pictures? Did you real estate agent tell you don't worry about that hole in the wall? Did the 1st inspector miss the hole? There's more than one way to skin a cat.
Go through the yellow pages and call the service companies that may have been called by the past owners for the current problems. Try to establish non-disclosure. I believe its very hard to prove unless you can find evidence the previous owner was well aware of the problem. Ask your insurance agent to pull a Clue Report. Maybe there was a past insurance claim. Proof is in the pudding.
As for the $45K in damages, talk to licensed contractors they will be able to give quotes based on damage. I'm not certain an inspector has the proper credentials to estimate what it cost to fix the problem, they typically assess there is or isn't a problem.
Good luck!
Question: does anyone know how i can get financial help (capitol) for a new concept car ? The vehicle (passenger class) is already constructed which absolutely exhausted me financially and i need help finishing it and finding a viable marketing means .The vehicle uses no fossile fuels ,no batteries ,no solar power ,no electricity . NONDISCLOSURE FORM REQUIRED for futher details . Will be virtually maintance free and last approximately 2,000,000 highway miles .The current configuration is passenger (5 persons) but can be made a sport vehicle with little retooling necessary . The vehicle will be designated 0.00 emissions . Funds needed to develope " build" (creature comforts) i.e. air conditioning ets...any help would be greatly appreciated and might be financially vialble for the individual that provides necessary information .Projected completion amount approximately 75,000 . Thank You Paul M. Maxwell Innovative Technologies
Answer: Go to this website and use the search feature on the right to find investors:
http://www.vfinance.com/home.asp?ToolPag…
Sounds like a very interesting project... good luck!
Question: Do you know anyone famous, who has political power, and/or that has at least 50 million dollars networth? I'm working on a top secret project that I want to make public eventually. The person must be compassionate and prove to have done work in the past to show their philanthropist nature. If you are in the LA area, we can meet and I can show proof, but you'll have to sign a nondisclosure agreement. OF COURSE I'm not just finding people on yahoo answers. I network everywhere, but for a few minutes on here, I think it might help. The project has to do with a secret technology that could conserve energy, help the environment, and work towards ending poverty. It is tested and past development phase. Feel free to make jokes about this, but don't email me if you aren't serious.
[email protected]
Answer: Yes, your state governor. He is obviously famous and with political power, and his net worth is over double your minimum criterion.
http://www.truthdig.com/eartotheground/i…
Question: What is my legal obligation to reporting evidence of criminal activity that I find on a computer? If I find evidence of child pornography, criminal acts, and terrorist acts, etc?
Does Canadian law require me to report it?
If I don't report it and a child gets abducted, or people get killed, then what is my liability if there is proof that I was aware of the information and did not report it.
Does a privacy or nondisclosure agreement protect me?
Okay, there seems to be some confusion here. I know what the morally right thing to do is. What I'm asking to know is the position of the law. I'm involved in a business where I have to sign non-disclosure agreements where I agree not to disclose information I find on a client's computer. I'm just trying to find out if the law supercedes any agreement I have with a client. Obviously I would want to report a crime if I saw one.
Answer: To answer your question according to the Charter of Rights and Freedoms you are not obligated in any way to aid investigations beyond a reasonable amount. What this means is that unless they subpoena you (not very likely) you are not required to bring forth any information. From an ethical standpoint however, help out the police.
Question: Mozilla "Know your location"? Ok so I was using google maps and saw a little dot right above the zoom icon. So i decided to press it, anyways it is a geolocator and ... it found me. and when i mean it found me i mean it dotted my house directly. Now i know i pressed "give my location" on mozilla but why in the heck would my ISP EVER consider giving such information out directly. Without some sort of legal president. Can I sue my isp for giving out my information some sort of nondisclosure.
I understand that I have an IP address, but i was expecting the IP address to point to my ISP somewhere downtown. Instead it pointed to my house. I don't see how my browser alone could figure out where I live unless it pings some really close router outside of my house (of my ISP) which told it so.
Answer: This is not a bad thing man, you have got totally confused about whats happening.
The only reason google know where you are is becasue of your IP address, which is a number such as 222.111.22.11, this links you into the network which is the internet.
There is sites and addons to mozzila and windows sidebar that can tell you your ip as well.
Your Isp isn;t geing away info its just how the interent works.
Question: Deferred adjudication in Florida? I was recently given a written arrest for a misdemeanor possession of marijuana. The attorney at the legal services office in my university informed me that I would likely be given the option of deferred adjudication, involving a 6 month probationary period where I would either complete 15 hrs of community service or pay a small fine, and then I would be able to file a motion for nondisclosure.
Is this really how the process works? After some research (though I couldn't find much pertinent to Florida law), I found that many attorneys mistakenly believe they can have a deferred adjudication expunged from their client's record when it really cannot. And while on a job/grad school application I will be able to answer "no" to questions asking if I was ever convicted of a crime, deffered adjudication WOULD show up on background checks.
Are there any other options that may be available to me? I have an otherwise clean record and really good grades in college.
The marijuana in question was in my possession, but belonged to a friend (I know everyone says this). I told this to the officer, and I am not willing to name names.
Answer: There are defense lawyers in Florida who could represent you, and could possibly lower the penalty, or 'get you off the hook'. Refer to the link below.
Additionally this is the Florida Statute addressing posession of marijuana:
F.S. 893.13. Prohibited acts; penalties
I think this part is important to you:
"3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law."
"A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083"
775.082:
"(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:
(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;
(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.
(5) Any person who has been convicted of a noncriminal violation may not be sentenced to a term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any city or county.
775.083:
"(d) $1,000, when the conviction is of a misdemeanor of the first degree.
(e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.
(f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.
(g) Any higher amount specifically authorized by statute.
Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01. If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain.
(2) In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for..."
I know it's somewhat complicated (which is why you should consider hiring a lawyer), but I hope I have directed you in the right direction to do some additional research.
Question: Could someone explain this to me in terms that I can understand????? I have an aggravated assault felony that I committed at the age of 16. I got tried as an adult and received 6 years deferred adjudication. I am 25 now and in March of 2011 the 5 year waiting period to petition orders of nondisclosure will be up. If, I am praying to God, I am granted the order of non disclosure, would the nursing board license me?
I found this section on their website but its a little confusing. could someone explain it to me?
NOTE: Orders of Non-Disclosure: Pursuant to Tex. Gov’t Code § 552.142(b), if you have criminal matters that are the subject of an order of non-disclosure you are not required to reveal those criminal matters on this form. However, a criminal matter that is the subject of an order of non-disclosure may become a character and fitness issue. Pursuant to other sections of the Gov’t Code chapter 411, the Texas Nursing Board is entitled to access criminal history record information that is the subject of an order of non-disclosure. If the Board discovers a criminal matter that is the subject of an order of non-disclosure, even if you properly did not reveal that matter, the Board may require you to provide information about any conduct that raises issues of character.
I will definitely take it to an attorney. Its just that I was anxious to try to understand what this meant. You know, its one of those things that will keep you up all night wondering and morning does not come soon enough.
I appreciate any help with this and I understand that these are your own individual opinions.
Answer: My understanding is basically this:
If you get the order, then you don't have to reveal the felony.
However, while they are conducting background checks on you, they may stumble across information about the felony somehow.
What this is saying is that if they do somehow gain knowledge of the felony, they may require you to give them more information about it.
I think this is reasonably enough information to come to the conclusion I have, although I am NOT a lawyer, so taking my advice is simply taking the advice of a random stranger. Do with it what you will, but it's not legal advice in any way, shape, or form. Just my opinion in an attempt to answer your question.
Question: Help! After 2 yrs my ex wants to know where I live...? My child was 1 yrs old when her father left us for drugs.I filed for divorce and child support.They helped me alot in this.Now for 2 yrs,they have been trying to find him.I kept in contact with child support and they told me that he went to jail earlier this year.I don't know what for.But finally I started to get checks from him.I received a nondisclosure notice stating that he wants to know where I'm living.I wrote back and told them I don't want him to know where I live bec.he's a drug addict and I'm afraid for my child.Now he's a convicted felon bec of drugs.Do you think the court is going to side with me??
Also,this is not about money.I'm fine with out it.It's that he owes this to my child. Remember,he left us with nothing.He chose drugs first.
My child is going to be 5 yrs old.She was 1 when he left.She does not know him. The only man she know in her life is my fiance and she calls him daddy.Before she use to call him by his name.Now it's daddy...you got to see from my point of view,she does not know him,he's stanger to her and if he ever has visitation she'll be scared and it will probably mess her up.I'm only trying to protect my child from a man who left us.
Answer: absolutely!!!!!
Question: Seeing as we now have two questions about HIV on GS today, here's an interesting fact about Planned Parenthood? Have you ever heard of the International Planned Parenthood Federation? They describe themselves as "...a global service provider and a leading advocate of sexual and reproductive health and rights for all." Anyway, one of their "Five A's" is advocacy for those with HIV and AIDS.
Here's what is interesting: in a flyer called Happy, Healthy, and Hot, which is a guide for young people (they define a young person as someone between the ages of 10 and 24) living with HIV, they say this:
--Young people living with HIV have the right to decide if, when, and how to disclose their HIV status.
Sharing your HIV status is called disclosure. Your decision about whether to disclose may change with different people and situations. You have the right to decide if, when, and how to disclose your
HIV status.
IF? They have the right to not tell a sex partner that they have HIV? Is that even true? Further, is that responsible for PP to say?
--Consider things like the best time to tell the person. When dating, some people tell their partner when they first meet while others wait till later. Do whatever makes you the most comfortable.
What makes *you* most comfortable? But what about the other person's safety? Even if you use condoms, you can still infect your partner. Why does Planned Parenthood think that one person's comfort level is more important than the other person's health?
--Some countries have laws that say people living with HIV must tell their sexual partner(s) about their status before having sex, even if they use condoms or only engage in sexual activity with a low risk of giving HIV to someone else. These laws violate the rights of people living with HIV by forcing them to disclose or face the possibility of criminal charges.
It violates your rights if you're expected to disclose your HIV status to a partner? Is that really true?
Here's the link if you care to check it out for yourself:
http://www.ippf.org/en/Resources/Guides-…
So I have a few questions. If a person has HIV, or for that matter any other STD, is it their right to keep it secret and not tell whoever they are sleeping with, or does their partner have the right to know precisely what risk they are taking? Is it their responsibility to disclose, or is it entirely up to the other person to be safe? Does this change if the encounter is casual - like a one night stand - rather than a long-term relationship?
How does Planned Parenthood get away with advocating nondisclosure of a dangerous, communicable condition? If they are all about protecting people's health, then why are they encouraging behaviour that puts the health of others at risk?
And does anyone other than me find it slightly disturbing to see 10-year-olds being included in the group of "young people" for whom a flyer about how to have great sex is written (it goes on to describe in detail how to pleasure your partner)?
@ Rebecca - I understand that kids born with HIV have the right not to discuss their status with other people than their doctor. But what disturbs me about them including kids as young as 10 in this flyer is that it's written from the perspective of sexual enjoyment and intimate relationships, rather than relationships with friends or family. 10-year-olds shouldn't be having intimate relationships at all, yet this flyer says that they have the right to sexual enjoyment.
@ Meagan - Trevor isn't posting because I blocked him a couple months ago. He went on a bender attacking someone with question after question, and I decided to block him. It took me six tries before I blocked all his accounts. ; )
Answer: There is vast difference between what is legal, what is ethical, and what is moral.
Legally, we are fortunate enough to still have the right to choose to not discuss any of our medical issues, including STDs, to anyone. It is our right to not have to tell bosses, aquaintances, family, friends, even potential partners about ANY medical problems. This is called PRIVACY.
Ethically, if you have a contagious disease, it is only right to protect others from contracting that disease. That means if you have a bad flu virus, you stay home from work. If you have an STD, you tell your partner BEFORE engaging in any sexual activities.
Morally, you would want to always respect your partners by being honest with them about every aspect of your life. And you would of course want them to have a say in how to proceed safely in sexual activity.
It is not disturbing at all that 10 year olds would be included in this. Many children have been born with HIV and they have as much right as anyone else to know how to handle their status and that it is their right not to have to discuss it with anyone except their doctors.
Question: Important discovery for liberals? I found this thing called a "tuner knob" that comes on all radios. It makes Rush Limbaugh disappear into pleasant static that you can listen to instead, all day long if you want. I'm telling you, this thing really works!. No longer must you be brainwashed by the tryanny of free speech. Imagine a life without Rush Limbaugh saying things you don't agree with. It has changed my life. I currently have a patent on this new technology for silencing Rush, but if you email me I can explain it for a small fee under terms of nondisclosure.
miamons, I'm tired of you Republicans just spewing hate instead of responding in a civil way. Go back to your Sarah Palin rally or something.
Answer: You should get a patent on that thing. Call it a "Rush Damper".
Question: could someone explain this to me so I can understand? Im confused.? I have an aggravated assault felony that I committed at the age of 16. I got tried as an adult and received 6 years deferred adjudication. I am 25 now and in March of 2011 the 5 year waiting period to petition orders of nondisclosure will be up. If, I am praying to God, I am granted the order of non disclosure, would the nursing board license me?
I found this section on their website but its a little confusing. could someone explain it to me?
NOTE: Orders of Non-Disclosure: Pursuant to Tex. Gov’t Code § 552.142(b), if you have criminal matters that are the subject of an order of non-disclosure you are not required to reveal those criminal matters on this form. However, a criminal matter that is the subject of an order of non-disclosure may become a character and fitness issue. Pursuant to other sections of the Gov’t Code chapter 411, the Texas Nursing Board is entitled to access criminal history record information that is the subject of an order of non-disclosure. If the Board discovers a criminal matter that is the subject of an order of non-disclosure, even if you properly did not reveal that matter, the Board may require you to provide information about any conduct that raises issues of character.
Answer: Basically it says if you are not granted a nondisclosure or you apply before the 5 yr waiting period is up, you must tell them about the felony. If you are granted one, you are not required to tell them...BUT they are entitled to find out about it anyway if they so choose to investigate. And when they find out about it they can ask you about the assault and to explain what happened, because the fact that you have an assault felony 'raises issues of character'. In Other Words...you won't have to tell them but they can find out anyway and have the right to grant or deny you your license one way or the other...
Question: Can you "write-off" an investment of this sort? We have an excellent business plan that shows great profit. How can we get funded? We need $60-80k. Will be ran by people with alot of successful experience. BizPllan is expertly made. One product doesn't yet exist in a market that really needs it..increases quality of lives/ends suffering. The other has an enormous edge over all of the competition. Our main problem is poor credit scores (for good reason) and nothing to secure with except shares which will conservatively equate to vast profits. This is not a gimmik--it's heavily researched, we have committments from reputable organizations to help us, TV shows, famous names, etc. .we just need that $60-80k. I'm thinking banks won't do it b/c there's nothing to secure it with..i'm obviously new, but i thought the same for most hard$, i heard we have to find 'angels?.which i heard are difficult. problem is we can't market/talk about it withouth signed NonDisclosures each timeto prevent competition stealing it. Can it be a taxwrite-off?
Answer: Can the cost of the non--disclosure be a tax write-off... is that the question?
If so, the answer is it is a start-up cost and start-up costs get deducted once the business commences. If the business doesn't commence, no deduction.
Sounds to me like you need some venture-capital type investors. They're out there, but you have to do a great selling job and be willing to give up some equity interest in exchange.
Good luck
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