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I WAS ARRESTED, GOT BAILED OUT, BUT KNOW I'M FIGHTING THE CHARGES, FELONY AND MISDEMEANORS.

New York, NY |

IF I WAS ARRESTED AND BAILED OUT, HAVE FELON AND MISDEMEANOR CHARGES THAT IM FIGHTING, TAKING TO TRIAL, SHOW UP ON MY PRE EMPLOYMENT BACKGROUND CHECK FOR A MAJOR TRUCKING COMPANY IF I HAVE A CDL CLASS A LICENSE?

Attorney Answers 2


  1. Once you are fingerprinted, the charges will show up as pending on your criminal history/NYSID or "RAP" sheet. If the charges are eventually dismissed, or are pled down to a non-criminal offense, they will gerneally be removed from you RAP sheet and not visible to potential or current employers.

    Should you wish to discuss this matter further, please do not hesitate to contact me at anytime. Yours truly,

    Tom Kenniff


  2. Most employers are prohibited from terminating an employee simply because you have an open case and are accused of a crime. There are some exceptions for certain regulated bodies. School teachers for example may be placed on probation pending the outcome of the case. You would need a lawyer to research this issue as it pertains to your specific employer and license. Generally speaking, your primary concern should be getting the case dismissed or pled down in a way that does not affect your license. It is important that whoever is handling your case understand and research the issues surrounding your license and employement.

    As we don't know enough about your case, you should not consider my answer to be legal advice. You would need to consult with an attorney at length and include details about what has occurred in order to adequately assess your criminal exposure.

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