Charged wt Solicitation with pending I-485

[century]

Only if you are convicted you have to worry.. In CA misdeamnor cases arrests are not asked in application only conviction matter. In my case there is no expungement because DA did not prosecute my charges and is dismissed before judge sees the case. My lawyer told my record is clean.

Email me lets talk in email and not in public forum..

[piyaztamatar]

Give me ur email address

[century]

After case is dismissed or you get a resolution do the DOJ live scan for wholich they do finger print and u can see if ur record is available.

Are u working now or looking for work? Are u in dependent visa? The arrest matters for some jobs and not all tech or private jobs.. Conviction matters and thats y i said try to avoid conviction as it might imact your normal life in US like jobs, loans or even renting homes..

[deshpremi]

Century, I agree with you that most companies only ask about convictions. But, when companies run the back ground checks, the arrest records will also show up along with the charge 'solicitation of prostitution' and it will say as 'dismissed'. But, if the company decides to get the court documents, they can come to know for sure that, you had undergone a pretrial diversion or infraction etc. Now, depending on this information, a company can reject you a job. So it all depends on how deep the company wants to investigate. If your future employer is in health or banking or similar industry, they will do such deep background checks for sure. The only way I see what a person can do is, hold on to your job for at least next 7 years from the date the case is dismissed. That's because many companies do back ground checks and look for arrest records only for the last 7 years. But again, it will depend a lot on the type of industry and type of job you are getting hired for (for eg, management jobs will hard to get)

[century]

https://www.privacyrights.org/employment-background-checks-jobseekers-guide

[century]

email : ************@ tutanota dot com

[century]

LVNM : Even if DA dismissed charges and the case disposition says dismissed will this be viewable by employers? My lawyer told my records will be clean and employers will not be able to find it.. I am confused.

I did background search myself but did not find any. Is it because records are not updated?

[piyaztamatar]

Problem is many Background searching companies get the expunged record although Federal law says that no employer can access or deny a job based on Expunged record but most employers do know the expunged record and base their decision on it but never admit it, because when it's expunged it's no more a public record and it's illegal to access it.

[deshpremi]

Century: I agree with piyaztamatar. It also depends on what kind of background check your employer does. If they do a background check that includes arrests or dismissed cases or pretrial diversion cases or only convictions. Hope they look only for convictions as most employers do. But again it all varies by employer.

[deshpremi]

To add to my previous comment, background check also depends on if you are doing a check for different courts and also if the court you appeared is digital. If it's not, it will take time to appear in the BG searches.

[century]

So technically speaking its game over for us with arrest tecord.

[century]

Expungement is only for conviction in California. There is no expungement for non conviction diversion dismissal cases.

[piyaztamatar]

No it's not game over, there must be a way there must be something we are missing and we need to find out what

[deshpremi]

I wouldn't say it's game over. I would say it will be more restrictive. Getting jobs with high responsibility will be a problem. Especially management jobs. Or jobs in health care or Finance. It may have less impact after 7 years from the date of arrest. Because employers usually look for past 7 years of arrest records. Again it could vary.

[century]

Management jobs: what type of management jobs is it like sales or marketing or engineering manager jobs? I work in tech field so for getting senior sw engg ir tech lead or project or engineering manager jobs will arrrest record cause problems?

[piyaztamatar]

I still have to dig deep, one lawyer told me that there are companies who can block access to your expunged records by companies doing background check, n most of the employers at health care level or other aren't interested in expunged records, it all depends on the company doing background check. My lawyer told me If they would have had been denying jobs based on arrests rather than conviction more than 50% of Americans would have been unemployed, which they aren't so he says there should be no problem getting a job 99% times, only 1% will have problems and those would be highly sensitive government level jobs

[century]

Thats great to know.. If charges are dismissed and no conviction i think we are gonna be ok

[century]

Piyaztamatar do you know the company's that block expunged or dismissed charges from background searches.. We will need those companies to block access.

[piyaztamatar]

I lost your email

Email me at piyaztamatar at yahoo dot com

[piyaztamatar]

Century did you see my message about email?

[century]

Yes i saw hows your case roceeding?