California arrest record domestic violence


virtualgod

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If the case was dismissed and there was no conviction but the arrest record is still there, how can it impact the potential for future employment when it comes to switching jobs. Say a person is in a software company and now wants to switch to another. Each company though will have a slightly different criteria but have there been people who were charged with 242-243e(1) domestic violence and when the case was dismissed, were they able to switch jobs etc easily from one big software company to another? This is when the arrest record is still out there. Please share if anyone had a similar situation

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If the case was dismissed and there was no conviction but the arrest record is still there, how can it impact the potential for future employment when it comes to switching jobs. Say a person is in a software company and now wants to switch to another. Each company though will have a slightly different criteria but have there been people who were charged with 242-243e(1) domestic violence and when the case was dismissed, were they able to switch jobs etc easily from one big software company to another? This is when the arrest record is still out there. Please share if anyone had a similar situation

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It depends on 2 things:

#1.Many companies run checks on 3rd party company like backgroundchecks.com which report only convictions.When the case is dismissed with no convictions the court does not inform the DPS any thign and background checks does not show up

#2.Some finaicial and insurance companies do finger print chcks and in which case it an be an issue since u'r arrest record is still out there,so if there is a client back ground check ,if it is client-vendor model

#3.if u get u'r case expunged then even u'r arrest goes off record and it makes u more cmfortable as u can even legally decline a question on arrest

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@t75 -- if there was no conviction, hence there is no meaning to get anything expunged.

@Attorney_25 -- I very well understand that. My question is totally different. My question is, if the arrest did not result in conviction, and future employers in California say tech companies when they see this, can they use it a a disqualification from potential jobs. I was wondering if there were others in my situation and what happened to them in these situations. All I am asking is if there are people who had an arrest, did not get convicted, what happens to them when they move from one tech job to another. Also, I fully know that each company may have different policy but I wanted to know if others ran into this situation and what happened to them.

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@t75 -- if there was no conviction, hence there is no meaning to get anything expunged.

@Attorney_25 -- I very well understand that. My question is totally different. My question is, if the arrest did not result in conviction, and future employers in California say tech companies when they see this, can they use it a a disqualification from potential jobs. I was wondering if there were others in my situation and what happened to them in these situations. All I am asking is if there are people who had an arrest, did not get convicted, what happens to them when they move from one tech job to another. Also, I fully know that each company may have different policy but I wanted to know if others ran into this situation and what happened to them.

Not really,even if not expunged,they do only conviction checks.unless they do a fingerprint based chcks which banugk clients do

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Many states allow the arrest records to be expunged in totality in such cases as yours so that no one can know and you are entitled to say No to any arrests for job purposes though the arrest needs mention in Immigration related docs. Once expunged your FP will not hit. If not expunged where possible the arrest record will show up and maybe all employers will not bother any further even if the case was thrown out. I am assuming the case was thrown out and not subject to a plea bargain.

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These are the outcomes:

1.if coniviction is entered,it will pased to the DPS and that can get carried to the FBI as well.The conviction can get reported on a simple bg check,given first name,last name,DOB or SSN

2.If no conviction is entered and case is dismised,it is not reported any where by the court.

In which case the arrest record still remains with FBI. This can have the following outcomes

1.A simple SSN/name based bg check will not reveal any thing ,as many companies do through background checks.com or othor simialir wesites

2.Some financial companies do fingerprint based bg checks which can pick up.

3. If it is picked up just showing the arrest with no conviction then many of the companies do ignore that,though it will come as a point of discssion..Many employers in their application forms will indicate to omit any cases dismissed and will ask you to disclose only convictions.Many companies ask you to ignore misdemnors and disclose only felonies

In short what can be a concern are:

1.If the case is still open when applying for thee job

2.A final conviction has been entered

Hope this explains

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  • 4 weeks later...

NO at all, Iam completly correct

#1.From what you are saying,probation means that,it is a deffered adjudication which means that there is no final convcition(in general terms,not from immigration sense).So when case is dismissed after probation you can expunge it

#2.If there is just an arrest and dismissed on some othor grounds,say trial or a pretrial and if you expunge it ,the arrest records are also gone

#3.if there is a final coniction entered then there is no scope for expungement at all

Expungement also remvoes arret records from FBI so it provides great relif for employment

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  • 4 months later...

@singalong, I never noticed your question for help,. Doyou still need help. I can help you man. My case was dismissed. I had a hard time getting it dismissed but finally I won on the day of the trial. If you still need help, I can share my experience. I am so sorry to have ignored your post. Life is tough man.

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