QUESTION
How long will it last on my record for a background check for employment since I was neither arrested nor convicted?
Asked on Sep 18th, 2012 on Criminal Law - New Jersey
More details to this question:
A paper was delivered to me at work from the magistrate’s office for a simple assault. I was not arrested. The charges were dropped through mediation. This has been seven years ago. The accuser admitted that she was lying.
14 ANSWERS
Leonard A. Kaanta
In Michigan you have been served with a warrant for assault. I can't answer your question.
Answered on Oct 02nd, 2012 at 12:16 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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This does not sound like something that happened in CA. Check with a lawyer in your state.
Answered on Sep 28th, 2012 at 12:39 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It should not be on your record.
Answered on Sep 26th, 2012 at 1:02 PM
Dennis P. Mikko
If you were charged, you should file a motion in the court asking the court to order the destruction of your arrest record and finger prints. Once granted, this order would be served on both the arresting agency and the Michigan State Police. This will remove the matter from your record.
Answered on Sep 21st, 2012 at 9:20 PM
Michael J. Breczinski
It should not be on your record at all and since you were not convidted you have no record, of convictions which is what is relevant.
Answered on Sep 21st, 2012 at 9:18 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Records are forever: all arrests, charges, and convictions. The paper was likely your notice of charges. You said charges were dropped. They had to be filed in order to be dropped. Unless this was pre-filing action. Go to the court and check your record to know what happened.
Answered on Sep 21st, 2012 at 9:18 PM
These incidents can haunt you for years. It might show up OR NOT. It all depends on how it's entered. Even if a potential boss sees it . . . you tell him you were not arrested.
Answered on Sep 21st, 2012 at 9:17 PM
The arrest record does not automatically disappear. You have to file a petition to expunge the record.
Answered on Sep 21st, 2012 at 9:15 PM
Thomas Edward Gates
Have your record expunged.
Answered on Sep 21st, 2012 at 9:14 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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First off, you were "arrested" just not taken into custody. However, you case was dismissed so you have no criminal record.
Answered on Sep 21st, 2012 at 9:08 PM
Oh yes you were arrested. The paper delivery constitutes an arrest. But since the case was dismissed, it won't show up on a background check (unless you are mistaken about it being dismissed, like how you thought you were never arrested).
Answered on Sep 21st, 2012 at 9:06 PM
If you were not arrested or convicted, then it should not show up on your criminal background check.
Answered on Sep 21st, 2012 at 9:04 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is a public record and will be so forever, unless you get the records sealed and perhaps later expunged.
Answered on Sep 21st, 2012 at 9:04 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You could have the record expunged in NJ after seven years.
Answered on Sep 21st, 2012 at 9:02 PM