Re: How screwed am I?
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nah that's wrong, being charged is public record, even if the gov doesn't have to tell you, it's public information and a private background check will turn it up.
you can have it expunged if it's dismissed or if you are convicted and file some stuff, but as it stands, public record.
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It doesn't matter if its public information. Employers are not allowed to make employment decisions based on arrests or indictments.
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says who? employers can and do this.
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Says me. I have spent a good deal of the last 5 years studying federal employment law.
Maybe some employers do do this, not everyone follows the rules. If employers are basing hiring decisions on arrests and indictments, then they are setting themselves for a shitload of trouble down the line.
TONY
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I'm sure it depends on the state. One example: I know in Virginia (my home state) if you are arrested and charged with a DUI, it goes on your record regardless of if you are convicted. Reason being that if you get a halfway competent attorney, you can usually delay your case for at least a year, sometimes more. And if the courts get too backed up, these delayed cases are often quietly dismissed. It doesn't matter if you aren't convicted, for the next seven years it will say on your record that you were arrested and charged for DUI. Your potential employers can use this info however they like.
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