background check for pending cases

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Comments (18)

anonymous in Philadelphia, Pennsylvania

38 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

23 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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xyzabc123 in San jose, California

20 months ago

Hi,

couple of months back I was charged with domestic violence. my case is still pending. My lawyer says, I may get classes in trial which will be conviction. I am in USA on work visa. A conviction will lead to revocation of my status in USA.

and if I leave the country before my trial, I will not be considered as convicted but there will be bench warrant that will remain open forever and I will never be able to come back to USA.

My question is: Can I get a work permit/visa of another country having open bench warrant in USA??

I know that countries like Canada, UK, Australia have access to USA records and their work permit asks if applicant has any pending charges. So I will not get visa there.

But there may be countries which will ask for charges in native country only and not all where applicant has lived for more than a certain duration.

So basically the question is: which one will do less damage in getting job any other country?? a conviction in USA or pending charges in USA?

Thanks!

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A_New_Yorker in New York, New York

19 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

19 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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Joe Gagill in Monticello, New York

19 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.

Get a lawyer and after you complete this class have him remove this completely from your record. (hopefully he can!)

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Zachary Williams in philadelphia, Pennsylvania

18 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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tovirtualgod in San Jose, California

15 months ago

@xyzabc123
do you still have this case going on? I had a DV charge that got dismissed recently. I did not plead or anything. If you want to discuss about the situation, let us sync up sometime if you are open to it.

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kce9751 in Houston, Texas

14 months ago

tovirtualgod in San Jose, California said: @xyzabc123
do you still have this case going on? I had a DV charge that got dismissed recently. I did not plead or anything. If you want to discuss about the situation, let us sync up sometime if you are open to it.

Did you have a lawyer? Id like to know what you did to get it dismissed?

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A_New_Yorker in New York, New York

14 months ago

Zachary Williams in philadelphia, Pennsylvania said: to my understanding that if the company ignored this CA law.. they owe you $10,000... contact a lawyer ASAP

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.

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Bluetea in Texas

14 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

14 months ago

immigration follows federal def of gult. There is a two prong test for federal def of guilt to be guilty in eyes of immigration. Any restraint on freedom like even a small fine and diversion are admission of guilt. However, a case like mine, that was set for trial and DA dismissed on day of trial reveals nothing about the proof of crime and neither does it prove any admission of guilt because there was no diversion or fine or classes that I did. A hung jury after trial, an acquittal or a dismissal on trial day are not admission of guilt in any way whatsoever whether it is federal or immigration.
If people need more info google for this read the federal def
(“I.N.A.”), Section 101(a)(48),

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tovirtualgod in Milpitas, California

14 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

9 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

8 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

5 months ago

Did they end up telling you what your charges were?

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virtualgod in San Jose, California

5 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

4 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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