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A pending case in court (assault 2nd) will show in a background check?

Norwalk, CT |

I had a fight with my husband and got this case in court. And I'm a nanny and families ask for a background check. I'm afraid this will show up and not get a job please help me

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Attorney answers 4

Posted

Assuming the case is pending, and you haven't plead guilty to the pending charges, then you should not have a record for the charges pending in this case. Also, if this is a domestic violence case, then there are programs available where you'll avoid a conviction if you were granted the program and successfully complete it.

Good Luck,

Attorney Salvatore Bonanno
Law Offices of Salvatore Bonanno
67 Russ Street
Hartford, CT 06106
(860) 527-6500 Office
(860) 246-6786 Fax
www.hartfordlaw.net
salvatore.bonanno@comcast.net

Attorney Bonanno's answers to questions are for general purposes only and do not establish an attorney-client relationship. You should carefully consider advice from an attorney hired and who has all facts necessary to properly advise a client, which is why these answers to questions are for general purposes only and do not establish an attorney-client relationship.

Posted

While you do not have a criminal conviction at this point (and may or may not ever depending on the circumstances of your case) the pending case will likely show up on background checks. Unfortunately employers might not understand or care about the difference between a "pending" case and a "conviction" even though there is a substantial difference. My best suggestion to you is to speak to an attorney in your area because Assault 2nd is a felony and can have very serious consequences beyond getting (or not getting) hired for a job.

Attorney Mark D. Colson
Colson Law Firm, LLC
40 Russ Street
Hartford, CT 06106
860.263.0055 - Tel
860.838.2822 - Fax
mark@colsonlawfirm.com
http://www.colsonlawfirm.com

Posted

It all depends on the firm doing the background check. There will likely be an
internet history of the charge from police logs as well as the charge being visible on the Connecticut judicial branch website as a pending case. So, if the background check includes a search of those two areas the fact you were charged will show up but you do NOT have a criminal record until you are convicted or plead guilty.

This is not intended to create an attorney-client relationship. It is absolutely NOT legal advice that you should rely upon when making a decision. It is general information about the law in Connecticut. You need to consult with an attorney who will ask you all the facts necessary to give you specific legal advice for your situation.

Posted

Given the available resourses utilized for the purposes of background checks it is more likely than not that your case will come up as a "pending" matter. However, as indicated by Attorney Black you do NOT have a criminal record. That is to say, while the charges are pending you still enjoy the constitutional presumption of innocence. Depending on the facts of the case and what, if any, prior criminal history you have, it is possible to get the charges dismissed through the use of pretrial diversionary programs. Given that you are charged with a class D felony, it would be in your best interests to consult with an attorney familiar with the court in which your case is pending. Feel free to call me if you like.

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