Crimes, Apartment Associations, and Misdemeanors

March 13, 2008 5:08 PM

I am applying to rent an apartment with an association that is doing extensive background checks. How seriously will they take my misdemeanor?

I want to keep this short, but basically: indecent exposure conviction from 4 years ago. Perfect probation period. Probation officer would be a reference if I asked. What response should I expect from the association?

posted by anonymous to Law & Government (8 answers total)

While we have no idea how they will take it, the law might give you an idea of how far they can take it. This of course will depend on what state the apartment is in, which you didn't include.
posted by rhizome at 5:15 PM on March 13, 2008

I would expect to get turned down. If they're doing that kind of background check, this is ... the kind of thing they're expecting to turn up. As a landlord, we look for violent crimes first, sex crimes second, and property crimes third. Old disorderly conduct is the sort of thing we would be willing to overlook. Four years ago is borderline old, but it's a sex crime. If there are families in the building, that's a deal-breaker -- the association has to protect itself from the potential liability in case you're not actually reformed and there's more to it than a drunken bar grope.

There are very few legal restrictions that make excluding convicted criminals fall under any umbra of discrimination law.
posted by dhartung at 5:37 PM on March 13, 2008

sex crime.

They hand out indecent exposure, with sex crime status, for public urination in some places.
posted by TheOnlyCoolTim at 6:22 PM on March 13, 2008

It really depends. I know someone who lives in a very Manhattan coop in an excellent neighborhood. Board investigation turned up their drug dealing arrest from 20 years ago, which, although it did not result in a conviction, looked pretty bad.

When the board interviewed the person and asked about it, they simply came clean, explained the circumstances, told their recovery story and got the apartment because their financials were fine.

Since you know it will come up, the best thing to do is be honest in advance and take your chances. If they like you and it didn't involve kids and was a stupid immature thing from your past, you would probably be ok so long as everything else is ok.
posted by Maias at 7:00 PM on March 13, 2008

Well, I lived in an apartment that SAID they did background checks, but I found out later that several convicted sex offenders lived there (including a pedophile). I never had any problems in the building; my sense is that they were weeding out drug dealers and violent criminals, or just telling people they were doing checks to scare off the felons/make other applicants feel safe. This was in Milwaukee, WI.
posted by desjardins at 8:25 PM on March 13, 2008

From the original poster:

The apartment is located in Florida. The crime happened out of state and was of a sexual nature with an adult. It would be listed as being of a sexual nature rather than of non-sexual nature. It did not result in being added to a sex offender registry.

posted by mathowie at 9:08 PM on March 13, 2008

Ah, you never know with landlords. If they see "indecent exposure", panic, but tell you it's because you don't cut the mustard financially, or that there was a clerical mistake in their office and gosh darn it, there was a prior application to yours after all... you can challenge them a bit, but there's nothing you really can do.

If they're honest with you and tell you that something came up on your background check, you can be honest back with them. Most people think indecent exposure means exposing yourself to a park full of kiddies - they don't realise it has other flavours.

If they just wave you through, you shouldn't have a problem.

Just curious, though - what did your last landlord have to say about this? Four years ago and all that...
posted by Grrlscout at 10:43 PM on March 13, 2008

Florida is one of the few states where public access to criminal records is, for the most part, wide open which is probably why your landlord is able to do an "extensive" criminal background check in the first place. Considering your conviction was 1) out of state 2) a misdemeanor 3) occurred four years ago 4) did not put you on the sex offender registry I would be surprised if the Florida agency conducting the check is able to find a record of it. I would look into the public access to criminal records laws in the state in which the offense occurred and if they very strictly control access as many states do I would rest a little easier. Only law enforcement has access to a national criminal records database. Everyone else, including licensed private detectives, has to check records state by state which is expensive and time-consuming.
posted by otio at 6:35 AM on March 14, 2008