I was arrested for a felony was found not guilty and was let go but it still shows up on background checks how do i fix it?

Asked almost 4 years ago - Forest Park, GA

About 8 years ago in Atlanta Ga I was arrested for 2 felony charges that were dismissed I was not convicted at all and received no punishments at all. I never thought of it again, I had been working as a Medical Assistant for 4 plus years after the arrest and had multiple background checks where it never came up, and then it showed on a couple background checks within the last few years and I'm furious! I don't understand why, I need to know how to get this off my record forever so I can have my life back I was under the impression if your not convicted of a crime and its thrown out It should not show up that I am a felon on anything! please help Its ruining my life for nothing I have been turned down on many jobs because of something that's a lie!!

Attorney answers (3)

  1. Sam Louis Levine

    Contributor Level 14

    Answered . You may want to request that the offense be expunged from your record.

  2. Edwin Armon Wilson

    Contributor Level 8

    Answered . Typically, charges stay on your record, even if you are ultimately not convicted of them (though it might be a good idea to contact an attorney who specializes in pardons and expungements to get a second opinion). One thing you can do is contact the Court or the District Attorney's office and request a copy of the Order dismissing the charges against you. Presenting that to your prospective employers may help.

  3. Antonio Ronaldo Garcia

    Contributor Level 9

    Answered . Unfortunately, I do not practice law in the state of Georgia. Based upon my experience in the state of CA, the majority of background checks are based upon the Department of Justice database and show felony and misdemeanor convictions only. If you were found "not guilty", you were essentially not convicted of any crime and thus that particular case should not show up on a background check. However, some background checks indicate "arrests" in addition to misdemeanor and felony convictions. Therefore, it is critical to determine what exactly the background check is showing. Meaning, is it showing a conviction for a crime, the filing of a charge for a crime, or is it showing an arrest.

    To begin your research, you might want to request a recent background check to determine what exactly is coming up on your criminal history. Then, it would serve you best to contact a criminal attorney in your area to look into the matter, and ultimately see if there is anything that can be done to clear this up. There may be several explanations such as clerical error, identity theft, or may be more specific to the laws within the state of Georgia.

    DISCLAIMER: This does not consitute legal advice, but is merely a discussion based upon general legal principles.

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