My formal employer filed felony theft charges again me after I quit. They claimed I took over $7000. I had a preliminary hearing at which my charges where dismissed due to the victim not showing up. I am just wondering how or if I can have those charges removed from my record so they don't effect my future employment.
Since the case was dismissed, you can and should seek an expungement and it should be granted. The only issue here is that the Commonwealth can refile charges that were dismissed in magistrate court. However, so long as some time has passed you should pursue the expungement. An experienced criminal defense lawyer can evaluate your case and handle the process for you.
You are entitled to petition to expunge the record. However, as a practical matter, I would not do so until more time has passed. If you attempt to expunge the record, the Commonwealth will obviously be notified. In turn, the Commonwealth will reach out to your formal employer for their consent. This will likely prompt the Commonwealth to re-file and appear at the next hearing. The fact that charges were filed and dismissed will have little or no impact upon your future employment.
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