Back in Virginia I was charged for disorderly conduct and assault & battery this was 6 years ago. I moved to Texas 2 1/2 months ago. I've been applying for jobs from left to right...the jobs that do hire me and decide to run a background check will call me or email me to let me know that my background check came back red and it FAILED. Maybe a week later they'll send a report to show why it failed. I have 3 charges. One is disorderly conduct and it was dismissed the other is assault and battery, it was also dismissed. Then there is another one from a year later that was Class A and B misdmeanor ...I was convicted for that. The other two charges that were dismissed can not be cleared off from my record because I was put on probation. I have no felonies. So why BG failed and come up red?
I don't get why two charges that were dismissed is even being looked at. And I have 1 misdemeanor conviction for assault. So why does my background check fail when most employers only asking if you ever been convicted for a felony or misdemeanor, if so please explain why? This will not keep you from employment...but it does! I even answer truthfully and tell every manager that I meet with about my past from 5 or 6 yrs ago so it doesn't seem like I'm hiding anything. Virginia's laws are extremely different and confusing. If a charge is a dismissed but was still punished...you can't not clear it off your record. If you are convicted you can't not clear it off your record. I never got in trouble here in Texas.
Criminal Defense Attorney
I understand your frustration, but remember your background is YOUR background no matter what state you're in. Your prior record of arrests, charges, convictoins and dismissals will follow you until you take care of the ones you can.
For the charges that were dismissed pursuant to probation, it sounds like you did some form of deferred adjudication in VA. If it is like Texas, then you can seal your record and the charges and dismissals will be hidden from the eyes of most, but not all entities. That said, the conviction is not going anywhere unless you can get a pardon.
If you want to seal your record you need to talk with lawyers in VA as they know the laws that are applicable.
Good luck to you
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Unfortunately, because of the economy, employers can be choosier with new hires. Did you disclose your arrests? If you are not disclosing them, could that be why you are failing?
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General Practice Lawyer
In a world where the number of job applciations is at an all-time high and the number of qualified candidates is staggering, competition is extremely high for every job. When employers have several equally qualified candidates, they begin removing some from the list based on such things as a criminal past.
Make sure you are honest with every potential employer out there as an after the fact background check could cost you yet another shot.
Good luck to you.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.