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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?

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Attorney answers 3

Posted

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.

Asker

Posted

Thank you..i am asking about it in terms of seeking employment, not testifying in court. Do you think expungment words in MD. And how am i supposed to bring up that sort of thing when applying for a job, "Ohh i am a good candidate and an Honest hardworker Mam, and ohh yes i was arrested for rape and assualt; although i never committed the crime" That makes me sound shady. And please sir would you please help me explain employee insurance and what that has to do with hiring someone with a record,and does it apply to convictions only..thanks

Harry Edward Hudson Jr

Harry Edward Hudson Jr

Posted

My response was in regard to the employment situation. The comment was based on my ecxperience. How you raise the issue or how it is raised is another question. You might do well to ask a local employment lawyer about the effect od=f your expungement.

Posted

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.

Asker

Posted

i thought an expungment means deletion not just writing "Assault 2nd degree-expunged". How am i supposed to bring that up in an interview, how will they look at me. Why is the legal system so useless.

Asker

Posted

Are you saying i can ruin someones life by just saying he molested me when i was a child, what the hell is wrong with this country.

Posted

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

Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

Asker

Posted

Can i Sue the Private Background Check Company if they release expunged information and it costs me a Job...Isnt that defamation..

James Regan

James Regan

Posted

It is possible. If you cannot find a local attorney on Avvo, a good place to look is the website for the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv