If you haven't been convicted of a crime can it be shown on your background check?

Asked almost 5 years ago - Fort Worth, TX

I was staying with my step dad and the police came and searched the house and they said they found drugs but they never showed me any evidence and they took me to jail for posession and the search warrant was in his name. So when I got out I tried to look for a job but I kept getting turned down because the case is showing "pending".

Attorney answers (4)

  1. Paul Holt Walcutt

    Contributor Level 16

    Answered . Yes, your record currently shows that you were arrested, charged, and now have a criminal case for possession pending in that particular court. Until the case is dismissed or you are found not guilty, your criminal history will reflect this. One thing you may try to do is explain the situation to potential employers since this is not going to just drop off your record.

    If you don't have one already, you should get a criminal defense attorney. If you meet the county standards, you may qualify for a court-appointed attorney. i would not recommend trying to negotiate directly with the police or prosecutors in this kind of case; they are not trying to help you. If the case is dismissed or you are eventually found not guilty, you may eligible to expunge (that is, erase) you criminal history. At that point, I would recommend talking to a criminal defense attorney who handles expunctions about that process.

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

  2. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . The arrest will show up at this point, and once the charge is resolved, the disposition will change to either convicted or dismissed (these labels change from State to State). The important thing for you to understand is that you have a record as soon as you are charged. Discuss the options you have with your lawyer, including the collateral sentencing consequences of how long each disposition will stay on your record once the disposition is entered by the Court. Good luck.

    It sounds like you have comitted several types of offenses, such as identity theft and related offenses. Given the very few facts you provide, there are no other conclusions or assessments I can reach as to your other questions. Consult immediately with an experienced criminal defense lawyer admitted to practice law in NY. Good luck.

    DISCLAIMER
    I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

  3. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . Amended answer, delete the second paragraph, which somehow copied along with the disclainer language. Good luck.

    DISCLAIMER
    I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

  4. John M. Kaman

    Pro

    Contributor Level 20

    Answered . You need to make sure the charges are dismissed which your question implies. Then your record will show the arrest and the dismissal. If the charges are truly still pending there is nothing else you can do until the case is resolved.

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