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I was falsely accused of sexual assault and assault by my Psychotic Ex-fiancée, will i be discriminated at my workplace?

Greenbelt, MD |

Currently i am looking for work in the Hospital, something like RN,CNA or a surgical tech assistant. I have no Prior record.I have had the case expunged, the effectiveness of the Expungment and whether it will show up on live scan(is another topic entirely i have asked but gotten mixed answers,if you have any info i would appreciate it).Anyway assuming they see my arrest record and dismissed charge according to the EEOC does my arrest have a relationship with my intended job.Would i be given a chance to explain..this is the only time i have been arrested what is a LIVESCAN is it the same thing as an FBI backgrond check,are they subject to MD expungement. Ohh and i wasn't convicted of anything all "Nolle Pros". I am innocent. What should i do?

Attorney Answers 3

  1. What will some one think? Impossible to answer.
    Your question is in the field of personal relations and, in my opinion, is not really a legal one. However, as to your concern about what someone would say about the expungement, I suggest you consider bringing it up first. If you do not it might seem as if you are trying to hide it. That is why when I put a client or witness on the stand that has a record, we talk about it in front of the jury. Waiting for the DA to raise it is not good.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

  2. The FBI does not change the matter in its database to reflect state court orders for things such as expungements. But some states give force and effect to those orders before the criminal history data is submitted to the national data base (NCIC). You will need to check with an attorney who practices in criminal remedies in your state.

    It is common for arrests and subsequent proceedings, including expungements, to show up on Live Scan reports. But it should speak volumes if you were not prosecuted (not clear from your post). In all events, I agree with Mr. Hudson, since you cannot be certain that the matter will not show up, you should address it yourself. Figure out exactly what you intend to say in advance (less is more) and get familiar and comfortable to the point of being capable of being un-emotional about it. You don't want to seem bitter, angry or vengeful -- that would suggest some on-going nature of the matter.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  3. Mr. Hudson gave a great answer. Ms. McCall is an expert in this field. Take both of their offered answers well.

    Educational purposes answer. | | | | | Non-privileged answer.

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