Do dismissed cases show up on background checks??

smiles · #1 11-29-2003, 10:17 PM

Hi,
I was arrested for a felony crime, but it was reduced and I was convicted for a misdemeanor crime. I got that case dismissed through the penal code 1203.4 dismissal thing. So whne I applied for a job, I said no, i was not convicted of a crime. The company did a background check, and they told me that they cant hire me because some stuff came up on the background check. But I thought that if its been dismissed, you can say no? And also, the public defender said it should not even show up on the background check? Does anyone know anything about this??

hslittlebit · #2 11-29-2003, 10:59 PM

I would have a Attorney check in to this. He can either just tell you if it can be on there.Or see what is on there, and get it off! Some attorney will talk with you and not charge you. I don't think it is to be on a back ground check. Good Luck!

Corky · #3 12-08-2003, 09:17 PM

I too was turned down from a lucrative job because I answered NO to "convicted" when indeed, the case has a deferred judgment. My lawyer told me I answered appropriately. Perhaps it showed up on the background check because it was very recent - but the bummer is, anyone can get ahold of the arrest record. Can they do that? report the guilty plea to a deferred judgment? anyone?

SleepysNicoyita · #4 12-09-2003, 03:54 PM

Just becasue your case was dismissed it doesn't mean it will be cleared from you recoed. You have to request it. I too did not get a job because of that. Only that I was not convicted it was just plain dismissed but the fact that I was arrested and spent a couple days in county for it, it went on my record. So i agree to get an attorney and have him seal the record otherwise it will always come up.

hoe this helps
always, Mari

SleepysNicoyita · #5 12-09-2003, 03:55 PM

Sorry for the typo, I meant hope this helps.

kmeg · #6 12-09-2003, 08:59 PM

My brother was charged with a felony 10 years ago and after he completed his probation it was supposed to drop to a misdemeanor, he completed it no problems. Now fast forward 10 years later his son wins a hunting rifle at a benefit and my brother goes to register it for him.....DENIED, because he is a convicted felon!!!! The state did not reduce the charge on his records. He spoke with an attorney and was told that it would cost 3 to 5,000 dollars to go to court and fix it!!! The state has made many of these mistakes in the past apparently.....
And you HAVE to take THEM to court to fix it!!
totally messed up!!
CJ

RescueBunny71 · #7 03-23-2004, 03:55 PM

YOUR CASE IS ON YOUR RECORD UNLESS YOU GET IT EXPUNGED! Atleast that is true here in VA. We found out the hard way! :-( There is a section in the code that tells you how to have it removed but if you don't take action the charges that were dismissed or null processed will remain on your file forever! :-(

NatureJunkee · #8 03-23-2004, 04:03 PM

Sorry this happened to you. You answered the question correctly that you have never been CONVICTED of a crime. Obviously, if the application asks if you have ever been charged, then the answer is yes. Unfortunately, any time charges are brought, they can show up on a criminal background check. As far as getting them expunged, depending on the state you are in, there are generally a limited number of instances in which you can get things expunged--especially if you were charged as an adult. Some employers will deny employment if something pulls up, even if the charges were dismissed. Hope this helps--and I am sorry that the news isn't better and that you didn't get the job. I hope you find one soon.