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. 16 Comments so far...

  3. 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. 1
    Get a lawyer have your record esponged.
    chevyv likes this.
  5. 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. 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. 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. 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. 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. 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. 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.


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