QUESTION
If a case is dismissed, do I still need to disclose it?
Asked on Oct 20th, 2014 on Labor and Employment - Wisconsin
More details to this question:
I reside in Iowa. In 2010, I was brought to court on charges of shoplifting. I completed court requirements and the case is listed on my record as "Dismissed" by the State of Iowa. Will this show for an employer background check? Do I need to disclose this on an employer application?
4 ANSWERS
Civil Litigation Attorney serving Tulsa, OK
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Gilpin Law Firm
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I don't normally handle criminal law and I am in Oklahoma. You should check with an Iowa criminal defense attorney. Typically a criminal record will still show up on a records search, unless it was officially expunged from the record.
Answered on Oct 21st, 2014 at 10:31 AM
I can only answer in GA. I do not know about your state. it likely will appear on your record You can get a copy of your record - it is public record. I suggest you go to your local police or sheriff and ask them how to get a copy.
Answered on Oct 21st, 2014 at 1:10 AM
Labor and Employment Litigation Attorney serving Beverly Hills, CA
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Thomas & Associates
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The fact that the case was dismissed does not mean that it didn't happen. If it was a misdemeanor you might get away with not disclosing it - but that is risky. If it comes up in a background check, your best choice is to admit it, but then explain it. You might also check in your state to see if records of this type can be expunged.
Answered on Oct 20th, 2014 at 4:53 PM
Probably not as it is usually only appropriate to ask for information about "criminal convictions" not charges that have been dismissed.
Answered on Oct 20th, 2014 at 4:11 PM