Will dismissed charges prevent employment?

Nurses Criminal

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2 years ago I was arrested and wrongfully charged with aggravated assault (felony) and a firearms charge (misdemeanor). These charges were ultimately, and rightfully so, dismissed. No jail, no conviction. However, there is still record of these charges being brought about. This didn't prevent my entry to school, nor receiving my license and fingerprint clearance card. My concern however, is that potential employers that perform a nationwide background check will see this history and despite my innocence and having charges dismissed, will pass judgement against me and avoid hiring, or simply select an applicant with no history. Expungement is nearly impossible in the applicable state, and the few attorneys that can help are very expensive. I'm NOT seeking legal advice and would appreciate not receiving any speculation. I'm seeking input from those that have had a similar experience, know someone that did, or are familiar with the hiring process and what constitutes exclusion in the eyes of an employer. Thank you very much to those of you that took the time to read this and have any information to offer :redbeathe

XTXRN, I work on the Federal side where the application says; "Have you ever been: arrested, cited, pleaded down, convicted, expunged, talked to a police officer, etc?"

They also ask if you "Have ever been fired or resigned or asked to resign in lieu of termination"

My advice would be to answer exactly as the question is asked and when it doubt, DISCLOSE. It may help you to provide or have your Final Disposition paperwork in hand.

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Employers use all kind of criteria when selecting employees. Many will put a disclaimer on their job applications to encourage those who have had legal problems. Just because they do this, does not mean they will not select an applicant with another reason given. Same tactic used for any reason someone is not selected. Best reason of all is: "We went with someone who had better qualifications." You just have to get out there and look for work with the thought that you are going to put your best foot forward every chance you get. Best wishes.

Specializes in A variety.

alright. all that makes sense. I'm going to seek assistance through the public defender for that state, because that state refuses to expunge records regardless of the situation (ridiculous i.m.o) Just to avoid delays and explaining things over and over. My metro area in particular seems to have a surplus of new graduates, local schools have 2 to 5 year waiting lists.

Specializes in A variety.
I have an arrest for a Felony and 2 misdemeanors where no formal charges were brought (2 step process in FL...first the arrest and second the prosecutor files an "information" stating that charges are being formalized). For the BON, that shows up. For employers, they are looking for convictions. That is the report they get. I have never brought up this arrest and I have not had trouble getting hired.

Personally, IMHO, even the BON, etc. should never see arrest records. We are supposed to be innocent until proven guilty. Which part of innocent do they not understand? Why should an license applicant have to explain away dropped charges. "Gee, BON, I was falsely accused and they dropped the charges....." (duh)

EXACTLY!!! It's like they do away with "innocent till proven guilty" and make it "innocent but not really". I made the BON feel real bad in a polite way when giving them the explanation they requested to expedite issuing my license. But I hope employers don't get to go to the depth of retrieving the same information and/or judging me for it.

I have never seen an application ask for anything more than if someone has been CONVICTED of a felony.... y'all remember the innocent until proven guilty stuff? :)

Actually I never see it the way you mentioned. Every time I have ever seen such a line it is always like this nearly verbatim "Have you ever been arrested, convicted, or pleaded guilty..." Innocent before proven guilty apparently does not apply to jobs, school applications, etc. In my opinion such wording should be made illegal on applications, but it seems everyone does it. However, my guess is that they would most likely overlook it if you were not actually found guilty.

Specializes in ICU.

Depends on the crime and the state. But you can have your records sealed! That way you can legally answer "no" on all those questions. Nobody has access to that information without a warrant. Usually its about 5 years time though.

Specializes in NICU, ICU, PICU, Academia.
1 hour ago, nurseama said:

Depends on the crime and the state. But you can have your records sealed! That way you can legally answer "no" on all those questions. Nobody has access to that information without a warrant. Usually its about 5 years time though.

Wrong. Professional licensing agencies can deny you for not disclosing whatever they ask you disclose- sealed or not.

I am in new mexico nursing school getting ready to take my boards. I have a question. I was arrested for petty theft 10 years ago and got the charges expunged. They do not show up on my FBI background check. Did you have trouble with the board of nursing when applying?

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