Will dismissed charges prevent employment?

  1. 0 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
  2. Visit  jive turkey profile page

    About jive turkey

    Joined Sep '11; Posts: 9.

    16 Comments so far...

  3. Visit  Juwon profile page
    0
    it all depends on the individual facility if they want to hire you or not. Some will take a chance and hire you, others might not(I know quite a few nurses with criminal backgrounds, and they all work). Basically, it depends on the facility. Good luck.
  4. Visit  nowim clean profile page
    1
    Get a lawyer have your record esponged.
    chevyv likes this.
  5. Visit  jive turkey profile page
    0
    Quote from nowim clean
    Get a lawyer have your record esponged.
    having it expunged may not be an option as the state in question makes it almost impossible to do, and very few attorneys do it. The only local attorney I found so far costs around $8k.
  6. Visit  SC_RNDude profile page
    4
    Having worked for the courts in my past, I can't imagine that having your record sealed is so hard or expensive if you were not convicted. You really shouldn't even need a attorney. What state are we talking about?

    On the plus side, most applications ask if you have ever been convicted. In your case, you can honestly say no. They likely won't do a background check on you until you have accepted the job. I would explain top them before the background check about what they may find.
    Brea LPN, wookieRN11, opossum, and 1 other like this.
  7. Visit  jive turkey profile page
    0
    Quote from SC_RNDude
    Having worked for the courts in my past, I can't imagine that having your record sealed is so hard or expensive if you were not convicted. You really shouldn't even need a attorney. What state are we talking about?

    On the plus side, most applications ask if you have ever been convicted. In your case, you can honestly say no. They likely won't do a background check on you until you have accepted the job. I would explain top them before the background check about what they may find.
    Thank you for that. The charges are in New Mexico. Most criminal defense attorneys don't even practice this area because of the difficulty. That state made it difficult all around unlike other states. But I will definitely disclose that to a prospective employer with the hopes they elect not to be judgmental.
  8. Visit  SC_RNDude profile page
    3
    Quote from jive turkey
    Thank you for that. The charges are in New Mexico. Most criminal defense attorneys don't even practice this area because of the difficulty. That state made it difficult all around unlike other states. But I will definitely disclose that to a prospective employer with the hopes they elect not to be judgmental.
    Hmm, I looked up the statute, and you are right. It does sound like you are unable to seal the arrest record for a felony.

    If I were you, I would go to the district court where your case is and ask for a "Petition to Expunge Arrest Information" (or have them mail it to you). Based on how the statute reads, they probably have a form for that. If not, they can give you a blank form in the format of a court filing. Basically, you put down what you want the court to do, and in specific detail why the court should do it.

    A judge will look at and proably do 1 of 3 things - 1)grant your petition 2) set a hearing or 3) deny your petition. Even if they deny it, you will get an order saying so, and should explain the reasoning for the denial.

    There may be a filing fee, but a attorney is not needed.
    Last edit by SC_RNDude on Sep 20, '11 : Reason: edit
    Nccity2002, SuesquatchRN, and chevyv like this.
  9. Visit  xtxrn profile page
    0
    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? If people had to chase around any charges from some stupid thing they did when they were young and in college (or high school and charged as an adult) that they were never convicted of (or plead guilty to- result is the same), there would be a whole new branch of law (God forbid)....The "What I Never Was Legally Convicted of" Database and Defense League.... untwist your shorts- you should be good.

    But by all means, if this isn't logical, call an attorney as soon as possible
  10. Visit  MyGranniePanties profile page
    1
    I was arrested, not convicted, of a violence charge. I am not a nurse yet, however, I just had to pass a background check with my employer to work a state job that involves working with children. It didn't hold me up at all. I didn't mention it because I honestly don't even think about it. It was nearly 10 years ago. They didn't ask either.

    Furthermore, I have no idea if this is true or not, so you will need to check into itore yourself, but I have been informed that I cam have my record expunged for free since the charges were dropped against me.

    Hope this helps.
    xtxrn likes this.
  11. Visit  FLmomof5 profile page
    1
    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)
    xtxrn likes this.
  12. Visit  xtxrn profile page
    0
    Quote from FLmomof5
    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)
    I absolutely agree with you. Convictions, yes.....arrest records- absolutely not. I worked drug/alcohol rehab for a few years...a lot of the staff who worked there had made some bad decisions in the past and had taken their second chances and turned them into an incredible ability to help the addicts/alcoholics.

    Like I said before- I've never seen an application ask for arrests- only convictions. (and the ones they're most concerned about are the ones they HAVE to keep out of their facilities liability wise). You jumped through all of the hoops for school and boards. I can't see it being a problem getting a job- and depending on where you work, give you an inside point of view that others just won't get.

    Good luck
  13. Visit  opossum profile page
    0
    Quote from xtxrn
    I have never seen an application ask for anything more than if someone has been CONVICTED of a felony....
    True, unless you're applying for a state job (Public Health RN, etc.). Aside from nursing school, the state positions are the only ones that seem to ask about arrest/charge history as well as convictions.

    I ran into this problem recently when I worked for the state; I had to explain an old misdemeanor charge (no conviction). The unit manager was not aware of why the background check was taking so long, just knew that they were "looking into something" - I think only HR is involved in that stuff.

    Good luck!

    P.S. As far as legal advice is concerned, look into local law schools - maybe some law students will do some pro bono work?
  14. Visit  79Tango profile page
    0
    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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