I was never arrested, convicted, or finger printed but the charge was for petite theft the case was dismissed. I'm applying for nursing school and have a interview for a hospital. If they conduct a background check what exactly will show up? Can they deny me ht e job even though its been dismissed? I am in the process of expungement and was told it could take 6 months is there anything I could do in the mean time to show that I was not charged convicted, arrested, or even finger printed.
Criminal Defense Attorney
Unfortunately in the age of computers background checks tend to pick up lots of information that used to slip through the cracks. A cursory background check will likely reveal the charge but should also show that it was dropped. If you were actually arrested there is a good chance that a website has captured the mugshot and posted it somewhere on-line. Looks like you are on the right track in expunging the charge but that is probably about all you can do at this point. Good luck!!!
Go to the clerk and get certified copies of the relevant documents, the charging affidavit, what is known as the "Information," and the announcement of nolle prosequi. This is an employment law question and you should be consulting with an attorney who deals primarily with state licensure. You only applied for nursing school, and are seeking a job at a hospital. This is not the same as getting licensed as a nurse. You can go to the board of nursing website and find out all sorts of things about this.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Criminal Defense Attorney
Although your charge was dismissed, it can be used against you. Expunging it is the best route to take. I have written letters for clients before and explained that the record was in the process of being expunged. This may help, so talk to your attorney.
Nothing, absolutely nothing could be done about the waiting period for your expungement, which I understand is in process.
The best thing you can do is explain on your application that you were unfairly charged with a case that was dismissed. Either way, you were arrested, but you were allowed to sign a promise to appear in court and that is why you were brought to court on charges that fortunately, resulted in a dismissal.
Further, Florida has a broad public records law. Everything is open to public scrutiny and inspection. Also, Florida is an at will employment state. They could hire and fire or decide whether to hire someone based on any nondiscrimination reason. So, they could look in your record and decide not to hire you and this is perfectly legal.
The best advice I can give is to explain on your application what I advised you of above. If you want to do a professional job of it, hire a criminal defense attorney that can help you word your application, and present you in the best possible light. It will be worth the small investment.
The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.