I was convicted of a misdemeanor disturbing the peace beginning of this year. I have paid all my fines and completed my jail time. It was a plea bargain deal for battery. I just recently applied for a job in healthcare I was offered the position but was told they are holding off on it because they are still waiting for my backround check to be completed because it showed a charge for disturbing the peace and they need a little more information as to what that is. My question is when they run a backround check on me what does it show? Does it show that I got a lesser charge as a result of a plea deal and will this misdemeanor keep them from hiring me?
Hard to say since only the employer knows the answer. As to what shows, it depends where they are looking. Go down to your local Live Scan facility and order a copy of your own criminal history. You could also go to the courthouse and ask for whatever records they have. Good luck. The original battery charge probably concerns them.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
No one can tell what factors your prospective employer will consider in deciding whether or not to hire you. You can go to a Livescan facility to see what is there. Or the county clerk's office. Your criminal justice record may include the original charge and what you eventually plead to. Best advice is that after you have successfully completed your probation to apply to expunge your conviction.
Get a Livescan of yourself and you will see what record shows. It is up to your potential employer whether they will hire you .
ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
The standard legal answer to any question is generally "it depends." That answer applies here. Generally misdemeanors don't prohibit an employer from hiring someone. However individual private employers can have their own criteria. If they run a live scan check they will see the original charges along with the final disposition of the case. A battery charge may give the employer reason to pause regarding your employment. You might consider an expungement to show and explain in an interview that you are doing everything you can to make the situation as good or as clean as possible. Good luck.
This answer is a general answer and should not be considered legal advice. Supplying this information has not created an attorney-client relationship and since this is an open forum there is no attorney client privileged.
Whenever I am offered a disturbing the peace charge in lieu of a battery, I always try to get the district attorney to make it the to ype of disturbing the peace for making a loud noise, rather than engaging in a fistfight. That often looks better to a potential employer, who may have insurance concerns. You need to check on what section of the code for disturbing the peace you have played to. After that, it is up to your employer. Yes, as the other answerers have stated, the original charge and the plea-bargain charge will show up on your background check.
This response is intended as GENERAL INFORMATION only; it is vital for you to speak with a lawyer for case-specific advice.
I wish in Fontana this morning on several matters. To your point, yes a criminal conviction will affect your ability to get hired (at least for the jobs worth having). You need to contact an attorney to help clean-up your record. Why not find one here on Avvo? Read the client reviews.
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