HELLO I WAS CHARGED WITH CRIMINAL SEX ASSAULT ,,, PLED TO A SIMPLE ASSAULT ... JUST RECEIVED A LETTER FROM A BACKROUND CHECK THAT I WAS DENIED THE JOB CAUSE I HAVE A FELONY CRIMINAL SEX ASSAULT AND I DID 1 R PROBATION WICH I WAS NEVER SENTENCED TO ...WHAT DO I DO
General Practice Lawyer
I presume you had a criminal defense attorney. Run this by him or her. If you didn't have such an attorney, you need one now to try and clear this up. That's not going to happen unless something is done with the courts.
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.
I changed your practice area to "Criminal Defense," which will likely assist you in getting more helpful responses.
As to your question, it is likely that the potential employer ran your background and saw the arrest for Criminal Sexual Contact (a fourth degree crime - felony equivalent), which was obviously downgraded when you pled guilty to Simple Assault (a disorderly persons offense - misdemeanor equivalent). However, what most laypeople do not understand is that the arrest and original charge both remain on your record regardless of the ultimate outcome of the case. The only way to remedy the situation is to petition the court for an expungement - that will serve to remove the arrest, original charge, and conviction from your record. Because you pled guilty to a disorderly persons offense (Simple Assault), the matter is eligible to be expunged 5 years after the completion of the case. If you wish to obtain more information about this process, I am happy to speak with you privately.
Otherwise, the matter will remain on your record in its entirety and any potential employers that run your background will likely discover it.
They are probably seeing the original charge as well as the amended (or downgraded) charge. You can expunge the simple assault after 5 years in most circumstances depending on your record. I would recommend doing that.
I agree with the previous answers about speaking with your prior lawyer and an expungement. You may want to run a background check on yourself to clarify your record.
It sounds like the arrest is showing up on the background along with the conviction. You will need to wait until you are eligible for expungement.
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You should have an attorney look into it. If the records are reflecting incorrect information, they will need to be changed. You may need to order transcripts of the plea and sentence. If enough time has passed, you may want to look into having the entire matter expunged so that it will not show up at all.
The arrest for the original criminal charge is on your record. But the dispostion for simple assault, a disorderly, should be on there too including the sentence. i would run your CCH with the State Police and see what is there. If it is wrong your last attorney or another can move to correct the entry. But the arrest will be there until it is expunged (5 year wait on a DP)