How To Expunge a Dismissed Case
A dismissed case or an acquitted trial case can be expunged. The dismissed case may require a waiting period before an expungement can take place. Some prosecutors offices will oppose an expungement until the statute of limitations has expired. Or hopefully sometimes they will agree to an immediate expungement. Once an expungement is ready to begin, an attorney will prepare a petition and order. The documents will contain the critical details about the arrest with data and dates to identify the exact arrest to be expunged. The document gets filed at the clerk's office just as any civil lawsuit would. A waiting period of 30 days is required before it is set in district court for a judge to examine. Once the judge determines that the expungement paperwork is proper the order is signed. The expungement is then taken to be filed a the clerk's office. The attorney will then get certified copies for the client. The clerk's office will forward a copy of the order to the various agencies listed in the order who will have the arrest in their records.
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I was not arrested or convicted. Should I disclose this anyway to employers that ask about arrests and/or convictions? Thank you so much for taking the time to read my questions, and for any advice/information you can share. I'm really worried about this, and hoping to get as much info as I can about how I can expect it to affect me in the future. Tl;dr - rejected from job based on non-conviction data (a case that was dismissed with prejudice). How common is this type of hiring policy?
How Long Do Arrests Stay On Your Record? Arrests will stay on your record forever. Since the modern age of computers has come to be, arrests are in most local computer systems. Those records get sent to the Department of Public Safety's system and are available to everyone from there. Which is why I send notice to DPS when I do expungements for my clients. If Charges Are Dismissed Do You Have a Criminal Record? In a way yes depending on how you define the term criminal record. The criminal history will have unexpunged arrests which may raise eyebrows of potential employers. For instance a bank may think twice about hiring someone with dismissed theft charges on their record. Or maybe multiple theft charges that were dismissed. Someone wanting to work at a daycare may have a hard time getting a job even with a domestic violence charge first offense on their record even if they are dismissed. A future nurse would not want prescription fraud charges and the list can go on and on. Jobs You Cannot Get With a Criminal Record
There are many jobs that restrict applicants to having a clean record.
There are many jobs that hire convicted felons to do various work. This question seems to apply to a pending case or one that only has recently been dismissed. Otherwise it would be prudent to get it expunged as soon as possible. Some employers do not want to hire someone with a pending case and need it to be resolved. It depends on company policy and certain liability issues with regard to the criminal charge. Some jobs require driving or being around money. The type of pending case will really determine what the company will want to do assuming they are aware of the charge. What Do They See on My Criminal Record if not Convicted? The arrest will show up on most criminal records until it is expunged. Again I tell people to carry the dismissal order to show that it is over and done with. The background check will show the arrest date, charge and where it took place. You will want to contact a local attorney in that town or county in which the arrest happened in order to find out how to get it erased or expunged.
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It is listed as theft, and the disposition named is "dismissed with prejudice. " I was really surprised that the company would refuse to hire me based on non-conviction data, and now I'm worried about how this will affect my future employment. I've had several jobs since 2010, but I'm not sure whether any of them required background checks, so have no concept of how typical this is. I am working on getting my record completely sealed, but this isn't a quick, easy, or guaranteed process. In the meanwhile, I have a few questions for you guys! Is it common to reject job applicants based on non-conviction data (a dismissed court case)? Is this a policy/common practice at your place of work? The background check this company used (HireRight) lists this under "Criminal Felony & Misdemeanor (Past 7 Years Search). " I expect this means that, were it 2018 instead of 2015, this wouldn't show up at all. Am I right in thinking this, and is it typical for companies' background checks to only look at the past seven years?
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