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

Asked almost 2 years ago - 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

Attorney answers (4)

  1. Mark Daniel Colson

    Contributor Level 9

    1

    Lawyer agrees

    Answered . 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

  2. Salvatore Bonanno

    Pro

    Contributor Level 12

    Answered . 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... more
  3. John Paul Thygerson

    Pro

    Contributor Level 17

    Answered . 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.

  4. Kevin M Black

    Contributor Level 11

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,714 answers this week

3,164 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,714 answers this week

3,164 attorneys answering