I was caught trespassing on state lands and given a fine even though there were no posted signs. I am taking it to district court to dispute the charge but my court date isn't for another month and I have a job that is doing a background check on me. I just want to know if I should be expecting them to ask or if they can see that
No lawyer can tell you either how thoroughly some other person / entity will go in conducting a background check or what such an examination may or may not reveal.
Still I suspect that it doesn't much matter where you were arrested, what you were arrested for, what the final disposition was or whether or not you sealed / expunged the record. This is 2015 and we are forehead deep into the internet age, where nothing is private, sacred or truly hidden from public scrutiny.
Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies (for example if fingerprints, mugshots, DNA or anything else - including crime statistics bearing your name or identifying information - were uplaoded to the FBI database then a local Order of Expunction would not effect the Feds) and that it has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. Worse still, after you "buy back your information", then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle.
For better or for worse you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, licensing authority, admissions committee, etcetera, rather than waiting for them to find out on their own, but that's a personal, not a legal, decision.
I hope that I have been helpful in answering your question.
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My crystal ball is broken, but get a good local criminal lawyer to fight it.
All criminal charges will show up in a full background check. You had best treat this as if it will appear. Be truthful.
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.
They could see it, and you should probably assume that they will. You should be prepared to explain the circumstances of the arrest if necessary. However, Pennsylvania law prohibits potential employers from considering arrests that did not result in a conviction against someone in hiring. And, even with convictions, potential employers are only permitted to consider convictions that relate to the applicant's suitability for the job (i.e. theft to a position that handles, money; DUI to a position that drives, etc). If a person's criminal history is used as the basis not to hire, employers are required to disclose that information to you. You should also make sure that there is no way they could think you lied when filling out the application, such as if it asked if you had ever been arrested. If it asked that and you answered no because at the time that was correct, you may want to consider updating them with an brief explanation of the circumstances because if they think you were dishonest on the application, that would be legal grounds to decide not to hire you.
The information provided in the above answer is not legal advice, nor is it intended to be legal advice, and there is no attorney client relationship established by this answer. The response provided is general information that is based on the limited information you provided, and may not specifically apply to your particular circumstances. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.
Depends on how much and how well whoever is looking checks, it could, it might be missed, but it might not
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