I was at home when this happened and I am going to Court on Friday to fight it. I have a job interview on the same day. They do background checks there and I wondering if by some chance it wont show up yet or if it gets dismissed do I have a chance of it not coming up?
Criminal Defense Attorney
If you have court coming up this soon, your name and case information are likely already available on the Virginia Courts public website. Information about the arrest (but with no information as to the disposition, since it has not occurred yet) is also probably already listed on your NCIC report.
If you are found not guilty, if they drop the charge by "nolle prosequi," or in some other cases where the charge is dismissed, you can later petition the Circuit Court in the county or city where you were charged to expunge records of your arrest.
For what it's worth, my experience over the years tells me that a good deal of potential employers are more concerned with honesty, that is, reporting your history accurately, than they are with some misdemeanor criminal convictions (if you get convicted) such as this.
Best of luck, both in court and on the interview.