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My criminal case was recently dismissed, but still says "Pending" in system. Problem with employer BG check?

San Jose, CA |

Last year, I was involved in a potential felony. But 2 weeks ago, the charges were dismissed after a succcessful evidence suppression. However, I recently called the court house, and they mentioned that my case status still says "Pending". They said that it may take a few weeks to update.

I expect to receive a job offer very soon, and I'm worried the employer will see the "Pending" case on my background and rescind the offer. In California, it's illegal for employers to use dismissed cases as a means for termination, but in my case, can they rescind me since my record "technically" still says Pending?

Is the best I can can do is explain my situation to my employer, and say that I can provide my courthouse papers if needed)? Can the court send any documentation as well?

Attorney Answers 5


  1. Do you have documentation that your case was dismissed? If so, this is all you will probably need to show your employer if they ask you about the case. You should be able to explain it to your employer and if the employer wants to hire you, he/she will. The real question is: what did you write on your application regarding the case? If you did not answer truthfully on the application, the employer does not have to hire you.


  2. Talk to the attorney who assisted you, he or she would be best able to obtain appropriate papers through the court.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.


  3. Much depends on what service your potential employer will use and what type of employment you are pursuing. Additionally, it depends on whether it is some type of employment where they actually conduct a background check and whether they ask or check to see if you were actually convicted. Criminal cases in adult court is public information so if an employer really looks into your background or has a service that does, they can find out that you were charged with a crime. Typically, employemnt applications are only supposed to ask about convictions for crimes, whether misdemeanors or felonies, not arrests. Court records will eventually show that the case was dismissed if it was, as well as any criminal records with the department of justice. The best thing is to consult the attorney who got your case dismissed or an employment attorney if you have concerns about your ability to get the job you applied for. You should not post any facts here since it is a public forum. It all depends on the type of employment you are seeking. Talk to a local attorney! Good Luck!


  4. The most probable reason that your case is still listed as Pending is because the prosecution has the right to appeal within 60 days of the dismissal. Go to the courthouse where the case was heard and obtain a copy of the clerk's snapout of the day that your case was dismissed. This will show what happened in court. Your attorney can advise you if the prosecution plans to appeal.


  5. Your situation is very tricky because you successfully beat your case. If it was me, I would be totally up front with my new employer and just explain the situation so that they dont find out on their own.
    Scotty

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