Can potential employee see a pending out-of-state charge on criminal background check?

Asked 10 months ago - East Orange, NJ

Happen that that my friend has a harassment case going on in Boston (which they are trying to have her put on probation) but she lives in NJ. now that she successfully pass her job interviews she is worried that they might not give her the job because of the pending charge. Does employer do nationwide background checks and can they see pending charges even though you are not convicted?

Attorney answers (3)

  1. Mark M Cheser

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . They can. The arrest may be on a multi-state look up even if not convicted yet.

  2. James Alexander Abate

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . Mr. Cheser is correct as usual. An arrest could show up. Talk to a Massachusetts lawyer to see if expungement is done up there. I would also recommend you get a background report done on your friend so she knows what is actually showing up.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
  3. Lidia L. Alperovich

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Depends on the search engine

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