background check for pending cases

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anonymous in Philadelphia, Pennsylvania

58 months ago

In many areas of the country an actual hearing even if a preliminary one has had to actually taken place for your case be in accessable public records. Even if they search court dockets it will only show up as a pending case. Unless they ask you have you ever been arrested or charged with a crime you are not convicted until you are convicted.

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Ronnie in Mays Landing, New Jersey

43 months ago

I can tell you I have pending charges and it is preventing me from finding employment. I have recieved two offers and a third today. I was turned down on the first two, and im praying to get the third. It sucks because it says convicted, Im not, I too Im fighting!! UUGGHH

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a_new_yorker in New York, New York

39 months ago

I was asked if I was ever convicted, and the answer was "NO." I was then asked if there are any pending charges which may change the above answers, and I had to answer "YES" to a minor criminal charge.

The firm retracted their offer.

So, regarding "Bobby Digital" (and I'm not an HR person, but an applicant):
"If so, will they use this against me? The application does not ask me about pending cases for arrests. " The firm DID use it against me, but also did ask about pending cases.

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A worried person in San Francisco, California

39 months ago

I was arrested recently for a misdemeanor drug offense. I am eligible for the PC!00 diversion program here in CA. as I have no previous offenses on my record,.. This program absolves an offense. The offense remains a non conviction pending completion of the program. I enrolled in the program . I have only had my 1st court date with a public defender who convinced the judge to offer me PC100. It has only been a month since my arrest...... I was recently (last week) offered a F/T job with a large company. They rescinded the offer after a background check. I contacted their HR to find out the issue. I was told they would call me back. They did not. It is not a conviction? but it appeared somehow? that fast? I am guessing they refused to speak to me about it, because that would be admitting that they ignored California law and used a non conviction against me in deciding to not hire me. I did not lie on my application. It asked about convictions only....

Anybody have any input. would be appreciated.

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zacharywilliams in philadelphia, Pennsylvania

39 months ago

A worried person in San Francisco, California said: I was arrested recently for a misdemeanor drug offense. I am eligible for the PC!00 diversion program here in CA. as I have no previous offenses on my record,.. This program absolves an offense. The offense remains a non conviction pending completion of the program. I enrolled in the program . I have only had my 1st court date with a public defender who convinced the judge to offer me PC100. It has only been a month since my arrest...... I was recently (last week) offered a F/T job with a large company. They rescinded the offer after a background check. I contacted their HR to find out the issue. I was told they would call me back. They did not. It is not a conviction? but it appeared somehow? that fast? I am guessing they refused to speak to me about it, because that would be admitting that they ignored California law and used a non conviction against me in deciding to not hire me. I did not lie on my application. It asked about convictions only....

Anybody have any input. would be appreciated.

to my understanding that if the company ignored this CA law.. they owe you $10,000... contact a lawyer ASAP

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Bluetea in Texas

34 months ago

A_New_Yorker in New York, New York said: I was told by a lawyer and by a federal agency that honesty issues (theft, embezzlement) and drug issues are NOT covered by being sealed. The mere arrest and then the possible dispositions (known as ACD Adjournment in Contemplation of Dismissal) are considered evidence of GUILT by FDIC and by Immigration.

And if the defendent goes to trial on some weak wrongful termination case, that becomes public record.

We usually settle out of court for pennies on the dollar. Heh!

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tovirtualgod in Milpitas, California

34 months ago

Also remember, if the community service or fine or any punishment is not ordered by the judge of the court but is an agreement bet the defendant and the prosecutor, feds and immigration won't treat it as conviction.

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Frank in Montréal, Quebec

29 months ago

Ronnie in Mays Landing, New Jersey said: I can tell you I have pending charges and it is preventing me from finding employment. I have recieved two offers and a third today. I was turned down on the first two, and im praying to get the third. It sucks because it says convicted, Im not, I too Im fighting!! UUGGHH

I hear you.. I've was charged 5 years ago and my court dates have either been delayed or postponed. I've had 7 job offers in this time and gotten rejected all 7.. It sucks cause it seems your guilty until your proven innocent in there eyes

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Someone who is worried as wel in Los Angeles, California

28 months ago

A worried person in San Francisco, California said: I was arrested recently for a misdemeanor drug offense. I am eligible for the PC!00 diversion program here in CA. as I have no previous offenses on my record,.. This program absolves an offense. The offense remains a non conviction pending completion of the program. I enrolled in the program . I have only had my 1st court date with a public defender who convinced the judge to offer me PC100. It has only been a month since my arrest...... I was recently (last week) offered a F/T job with a large company. They rescinded the offer after a background check. I contacted their HR to find out the issue. I was told they would call me back. They did not. It is not a conviction? but it appeared somehow? that fast? I am guessing they refused to speak to me about it, because that would be admitting that they ignored California law and used a non conviction against me in deciding to not hire me. I did not lie on my application. It asked about convictions only...."

Anybody have any input. would be appreciated.

What was the result here?

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John d. in New York

26 months ago

Did they end up telling you what your charges were?

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virtualgod in San Jose, California

26 months ago

Did they give you your background check report in writing and admitted in writing that they are withdrawing the offer due to a particular reason? They in this case did not break the law because if a case is pending it can be used against you under labor code section 432.7
I am curious to know what exactly did they admit in writing. Also, if they give you a adverse action letter, before withdrawing the offer, they sometimes give you a chance to dispute the info. Did they?

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Pwpotter

24 months ago

If I have a pending misdemeanor simple possession charge in a different state from where I live will that be a issue with me finding in my home state, charge was in TN I stay in MO

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liina in Durham, North Carolina

8 months ago

I was not arrested but charged the case is pending but will be dismissed once I do my community service.The charges are misdemeanor. Will the pending charges show up on my background check.

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mr accountant in Staten Island, New York

4 months ago

I have 2 pending felonies and 1 misdemeanor charges in nyc. I applied for the job I needed to start my career. I was worried sick about the charges and that they wouldn't take me because of them. Well the interview went great, they sent me paperwork to fill out which in did immediately and sent it back. The same night they basically said I'm in pending my background check which made my heart drop. Having no choice I agreed with it to continue the process. After that I didn't hear from them for 4 days so I e-maled them regarding the status. Human resources sent back an e-mail apologizing for the delay and said they will send me the start date asap. The next day they gave me the job and i start monday. So point of the story is even if you have pending charges it doesn't disqualify you from the job, everyone gets worried when things are out of your control but always have faith.

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Trying to Help in Detroit, Michigan

4 months ago

Whatever shows up on your background can have an impact on whether or not you get hired IF the charges have to do with 1) the job you're doing itself 2) a reasonable amount of time has passed 3) the severity of the crime. For example, if you were charged with assault on a co worker two years ago that resulted in a fight regarding the chair in the breakroom, a company can reject you as a candidate if they have a concern with this happening again. It was only two years ago, you'd be using a breakroom again and you didn't have any anger management classes that would allay our fears of it happening again.
If it's a DUI from 4 years ago and you have to drive for your current position? Yes, they could reject you. Keep in mind, you will be on THEIR insurance (not medical, but business operations) and if they see you as a potential risk based on previous behavior, they can in fact reject you.
I'm not a lawyer, however, and rules change from state to state and from company to company.

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TechNerd in Bronx, New York

2 months ago

mr accountant in Staten Island, New York said: I have 2 pending felonies and 1 misdemeanor charges in nyc. I applied for the job I needed to start my career. I was worried sick about the charges and that they wouldn't take me because of them. Well the interview went great, they sent me paperwork to fill out which in did immediately and sent it back. The same night they basically said I'm in pending my background check which made my heart drop. Having no choice I agreed with it to continue the process. After that I didn't hear from them for 4 days so I e-maled them regarding the status. Human resources sent back an e-mail apologizing for the delay and said they will send me the start date asap. The next day they gave me the job and i start monday. So point of the story is even if you have pending charges it doesn't disqualify you from the job, everyone gets worried when things are out of your control but always have faith.

I'm in the same boat as you. I have a few pending Felony charges that are hopefully going to be reduced to violation a less than 2 weeks. First time offense and I have a few things on my side. If you don't mind me asking, what kind of job was it for? What field? I'm currently interviewing for 3 different jobs in my field.

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ewill0528 in Los Angeles, California

1 month ago

I honestly feel even with pending cases. Jobs still look at you as if you are guilty, which is not fair. I honestly feel like there is no due process and really feels like a catch 22.

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a_new_yorker in New York, New York

1 month ago

ewill0528 in Los Angeles, California said: I honestly feel even with pending cases. Jobs still look at you as if you are guilty, which is not fair. I honestly feel like there is no due process and really feels like a catch 22.

I agree. And there should be laws against that. I ran for the US Congress in the Jun 28, 2016 Democratic Primary (and lost overwhelmingly) and had I won, that would have been a good thing to legislate. It's sort of like asking "have you been arrested" which should be illegal to ask, but isn't. Sigh.

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Hunter in Saint Paul, Minnesota

1 month ago

Just adding my 2 cents to this subject. I have no criminal record, have never been arrested, but when I was 18 I had a cop pull broadside in front of me on an interstate. I avoided the accident, but he was in a bad mood and wrote me up on a number of serious (criminal) traffic violations. I went to tons of pre-trials and arraignments because i didn't understand my rights or how the system worked at the time, and let them drag me through the weeds for a year. After they could drag it out no further, they had to admit they had "lost" the dash cam footage of the incident (because it showed the cop breaking every policy and traffic law you could in a stop, he literally tried to run me off the road), and without the evidence they claimed they had, all of my charges were dismissed.

I tell you that, because even though everything was dismissed, when I applied for my first career job after college (4 years after they were dismissed, 5 years after the incident) and they ran the background check, EVERY CHARGE showed up on my record. They all showed being dismissed, but they were there none the less. Had I been applying to a job that required me to drive a company vehicle or drive passengers or cargo, this cold have cost me the job regardless of my conviction.

I tell you all this because if I were you I would assume that any and run-ins with our wonderful judicial system will and do show up on your background check regardless of the case outcome.

I honestly dont understand how it is legal to report charges you have been found innocent of, but our justice system rarely cares about what is just.

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a_new_yorker in New York, New York

1 month ago

I'm not a lawyer, but you should go to court and get a judge to preferably expunge or alternately seal those cases. If you got them expunged, the arrest would not appear in your records. And in some cases (unfortunately not all cases ), you could even say that the incident never happened– – but that's a matter for a lawyer to tell you.

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paulozus in Roseville, California

8 days ago

I was arrested because I had a bench warrant for traffic tickets and I didn't know. A police officer pulled me over and took me to jail. I was there just for 6 hrs. U went to court already and I don't have jail time or nothing like that. My question is if that incident is gonna prevent me to get a job??

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Questions in San Jose, California

4 days ago

I was given a citation for pety tefth in may 2016, i was not arrested. My case was sent to diversion program and i did community service hours and attended a class. After this, i was told my case would be dismissed.

1. Will the details of my case be disclosed on a background check? Or only the fact that it was Dismissed.
2. How does this affect employment?

Thank you all

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