The bad news: having criminal charges, even dropped ones, can affect you in other ways. It could prevent you from crossing the US border or make it difficult to rent an apartment. When the prosecution team withdraws the charges, they become dropped charges. If the judge agrees, the trial is over.
If the prosecution bungles the case through a serious procedural error, the judge might issue a dismissal. You can have your records expunged or sealed. Expungement usually means the complete destruction of all information.
Sealing means that the records become inaccessible to the public and sometimes even law enforcement. First, get a lawyer. When you enter legal territory, you want a trained professional at your disposal.
What shows up on a pre-employment background check?
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Child Safety. Employers can consider arrests that occurred within the last seven 7 years. Now before you act on that information, consider that there are a few specific-state laws around the country that preclude this practice.
For instance, if you are conducting background checks in California, you should know that arrest records cannot be considered. Further complicating matters are myriad anti-discrimination laws such as the Equal Employment Opportunity Commission EEOC guidance on this use of criminal records that cautions employers that they better have a good reason for denying employment based on an arrest.
Protecting Yourself When Using Criminal Background Checks
I know you want me to wave a magic wand and give you a straight-forward answer. Unfortunately, every company is different and has there own practices, policies and regulations. That, and our general counsel would tar and feather me if I dared opine on the subject.
There are some things that your background screening company should do to help you in this regard. First and foremost, they should honor your requirements when it comes to reporting arrest records.
Reasons For Expunging Dismissals & Not Guilty Findings
Pardons Canada specializes in helping Canadians to clear their record of everything from charges and an arrest to a criminal conviction. We know what you need to do, and who you need to talk to get the fastest results. Pardons Canada is a national non-profit organization which assists individuals in removing a past criminal offence from public record.
Entry Waivers. All Details Remain A criminal record is the final result of being charged, arrested, processed, and having a trial in court. Related posts. Charges Dropped vs Dismissed April 18, January 13, November 14,
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