Can someone share how hard to get a job after criminal charges

[virtualgod]

I got arrested for domestic violence in Calfironia. My wife accsued me of this. I was arrested on a felony, as in California, the DV if a spouse calls, is almost always a felony arrest based on their protocol.

I was charged with simple battery on spouse. I totally denied taking any classes or plea. I wanted to go to trial as I knew I had done nothing wrong.

The case got dismissed on the trial day. However, the criminal charges are public info. Anyone doing a background check can see it by going to the court. Which means, anytime I applly for a new job, this arrest and criminal charge will surely show up in the report.

 

The background check companies do not care much and report any thing in court file to the HR of the employer. I work in Software. Have people been in a similar situation and were still able to switch jobs? I currently work for a big company but layoffs,etc happen all the time. What if I ever have to change jobs? Will this dismissed charge ruin my life now? I already know that all this will give me nightmare at US embassy, etc but I can handle that as embassy can delay me for months maybe but cannot deny in the end as I was never convicted. I am more worried about job change, in case of losing my present job or if I ever wanted to switch jobs. Please if anyone has been through a similar hell, explain what happens?

[pontevecchio]

What have you found out about Expungement possibilities in CA? In some states the entire record can be expunged.

[virtualgod]

In California, a court file is a public record. It cannot be sealed no matter what the outcome of the case. Also, expungement means somethign in California if someone was convicted, did their punishment and did their time etc. After that, as a part to expunge, they add one move line saying conviction set aside, but still anyone, absolutely anyone can go and read it. In some states, after 2-3 years, they let you seal it, California does not let u do that. It is pretty bad on that. Hence, I am very nervous about what will happen to my future, even though I practically won the case, never convicted.

[gerrywilson]

Now a days, personal reputation is very important. It will be hard get job for a person having criminal charges.

[pontevecchio]

Since the case got dismissed you have nothing to worry. Hopefully Post#3 was based on what your Lawyer told you.

 

"helping you secure employment...Per California law, an employer may not


 

1. discriminate against you for being involved in any arrest that didn't result in a conviction,
2. inquire about the fact that you suffered an arrest that didn't result in a conviction, or
3. discriminate against you based on the fact that you have expunged convictions,^9"

 

^{Many people who contact us about expungements also wish to "seal and destroy" adult and juvenile criminal records. Sealing and destroying arrest records is a totally different process from expunging records of criminal convictions.}

^{If you}

 

 

1. ^{were arrested, but the prosecutor never filed criminal charges,}
2. ^{had your case dismissed in court, OR}
3.  
4.  
5. ^{were acquitted by a jury following a jury trial,}

 

^{you may be entitled to have your arrest records sealed and destroyed.16 This relief allows you to state in all honestly that you have never been arrested for a crime (since a judge must declare you factually innocent before he/she will grant this type of motion).}

 

^{please spend a little money and get hold of a suitable lawyer instead of making assumptions.}

 

[Attorney_23]

Assuming you are still in California:

 

Under California Labor Code § 432.7, employers cannot ask about arrests that did not end in conviction, or about any diversion or similar programs. If the employer is aware of any such arrests or programs, they cannot use this information to make hiring, promotion, or firing decisions.

 

Obviously, there may be employers who fail to abide by the law, but this at least offers a modicum of protection.

[virtualgod]

@attorney_23, you are 100% accurate. However with companies like *******.com who just have been sued multiple times do not necessarily care. Employers use thirds parties to get the background check file. I am very well aware of the labor code section you pointed out. I just kep getting curious if people really have had a hard time or not. Since I work for a big tech companies which I in my opinion have seem them to be fair but at the same time they are very scared of even the smallest trouble that can damgage any reputation of the company.

@pntevecchio, I am not trying to save money. Just that inCalifornia, the records are not sealed. They always remain a public file. Though labor code says a dismissed charge shall not be used to deny employment. I am not bragging, but I did extensive reading about all this and discussed with my lawyer too. I was just wondering if people in my boat, who came out clean could later get jobs easily or they almost had a hard time ever finding a job.

@gerrywilson, if this is your personal opinion, I do cannot care less, but if you have seen someone in a situation like that, pls share that what kind of hardhsips the person faced.

[virtualgod]

@pontevecchio, I value your opinion and I also understand you are actually mentioning about 851.8. This petition recently has become very very hard to win. Moreover, it is not just the money, but the fact that if this petition is denied, a record of this also goes in court file. Now experts like you, who understand the law will very well look at it with a open mind saying, there was a dismssal, the state was not able to prove the case. However, if the petiton is denied, it will make the file look worse and someone without much knowledge of the law, when does a background check, not sure what they will make out of this.

Isn't it that it may make getting employment even harder with a record stating, how the factual innocence petition was denied.

[pontevecchio]

If the case was actually dismissed and not plea bargained the records can be sealed and destroyed. It makes no difference to me. Obstinacy is its own danger. Best of luck to you. Get a Lawyer involved who knows what he is doing. A little Knowledge is dangerous.

[calibran]

I was arrested and fingerprinted and got bailed out with Misdemeanor / 243(E)(1) by law enforcement officer(police).

Hired a lawyer. Then later, My case was dismissed.

 

When I have called the court they said no case has been filed and pressed NO charges.

When I called DA office they said DA decided NOT TO FILE which means "REJECTED".

Thus they said they dont give any paper work since there was no case filed so there is no case number.

 

Now I wonder what happenes when I change employment with arrest record. I know there is no expungment if there is NO conviction.

 

Can I seal MY arrest record? what is the process to do it so. PLEASE HELP IF ANY ONE COME ACROSS THIS SITUATION.

 

Thank you

[virtualgod]

@calibran, you have written 2 things. Case dismissed, no charges filed. If the DA never filed charges, there was no case to dismiss. Are you sure there was no case filed or your case was filed and then dismissed. Also, if no case was filed, it will be a little bit too much for bg companies to get the arrest info. It is easy for them look at records if there is a court file. If you are sure case was not filed, u will not have a court file. If it was filed and dismissed, u will have a court file. If it was never filed, u have a very bright chance of filing a petition for factual innocence 851.8 and you arrest will be sealed and destroyed if u win it. If you lose  it and if there was no court file, u will make ur life worse because if the petition is denied, then mayube if u dnt have a court file now, u will have one later if u dnt win the petition. I was not so lucky, my case was filed but dismissed on the day of the trial. So I am more screwed than u as I do have a court file.

[calibran]

@virtualgod - Thank you for the reply. I am sorry for your case.I am sorry for the confusion.

 

But below is TRUE.

 

When I have called the court they said no case has been filed and pressed NO charges.

When I called DA office they said DA decided NOT TO FILE which means "REJECTED".

Thus they said they dont give any paper work since there was no case filed so there is no case number.

 

Since it was never filed, what are all the best steps to take.Please share your thoughts.

 

Thank you

[virtualgod]

@calibran can you also pm me your phone number?

btw, if the case was never filed you have a good chance of getting your arrest file sealed forever. It will be sealed for 3 years and if you are out of trouble then they will destroy the arrest record info also from the Californa DOJ database. Whether they remove it from FBI database is not very clear and lawyers have diff views. However, as of today any police officer when he pulls you over can look at your rap sheet that you were arrested. If you were to win your petittion for Factual Innocence under cal section 851.8 you arrest info will be sealed and destroyed. At that point even a  police officer will not know that you were arrested. 

But you need to be careful because if theis petiton is denied, then you will have a court case file which you do not have at the moment. Hence it may back fire too.

[planetgourmet]

Assuming you are still in California:

 

Under California Labor Code § 432.7, employers cannot ask about arrests that did not end in conviction, or about any diversion or similar programs. If the employer is aware of any such arrests or programs, they cannot use this information to make hiring, promotion, or firing decisions.

 

Obviously, there may be employers who fail to abide by the law, but this at least offers a modicum of protection.

 

this is excellent advice.

 

also my lawyer told me just to keep applying as normal as the case is dismissed.

( if this should show up, someone will contact you to explain the circumstances. ).

this makes sense as there must  be tens of thousands of people in the US who

are wrong accused and then cases must be dismissed. 

 

my lawyer said to give them the contact information.

they will speak on your behalf.

 

pls update us.