If I was charged with a crime but wasn't indicted and it did not go to trial, will employers see this on my record? 12 Answers as of July 01, 2013

If so how can I get this removed?

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Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
If the charges were dropped, then your record theoretically should be sealed. This is supposed to be automatic but in the real world it doesn't always work that way. Thus, sometimes you need to file a petition to seal the record (which requires retention of legal counsel). And here is the worst part-arrest records are public for some period of time even in cases where charges are dismissed. There are private companies who make it their business to collect such information and then use it to perform background checks. The reason this information is available is that our First Amendment values allow people to have access to public records, such as court records. Thus, even after your file is sealed, it is quite possible that an arrest will show up in a background check. Think about it this way when a famous person is arrested, the arrest is often reported in the newspapers. Even if the charges are dismissed and the official file is sealed, the news articles reporting the arrest will be available on line. A simple Google search will uncover information like this. Thus, there is no perfect way to suppress arrest records even for those who are innocent.
Answer Applies to: New York
Replied: 7/1/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
You probably have an arrest record, which needs to be expunged or sealed. I would advise you to check with the clerk of court, and if your case was dismissed without a permanent conviction, file a petition to expunge the arrest from your record. If you were convicted, you may still be able to have the case sealed.
Answer Applies to: Illinois
Replied: 7/1/2013
The Cross Firm, P.C.
The Cross Firm, P.C. | Leslie Warren Cross, Jr.
Yes it will appear on your record. You should hire an attorney to see if you qualify to get the charges expunged.
Answer Applies to: Texas
Replied: 7/1/2013
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Yes, they can see it. You need to hire a lawyer to expunge the record.
Answer Applies to: Texas
Replied: 7/1/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
They will see it on your record.
Answer Applies to: Georgia
Replied: 7/1/2013
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    It may appear as an arrest but that should not be used against you.
    Answer Applies to: California
    Replied: 7/1/2013
    William Wayne Housley Attorney at Law | William Wayne Housley Jr
    You should consider retaining an attorney to assist in expunging your record.
    Answer Applies to: Mississippi
    Replied: 7/1/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They should now see it, since it is not a conviction.
    Answer Applies to: Michigan
    Replied: 7/1/2013
    Gates' Law, PLLC | Thomas E. Gates
    You need to expunge your record. Contact the court clerk for the form.
    Answer Applies to: Washington
    Replied: 7/1/2013
    The Lariscy Law Firm, PC
    The Lariscy Law Firm, PC | Joseph E. Lariscy, III
    If the charge was dismissed, it may be eligible to have it expunged. Anything you were every charged with will be on your criminal history, no matter the outcome. Obtain a copy of your criminal history report and contact a local expungement attorney.
    Answer Applies to: Georgia
    Replied: 7/1/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    Private employers can only see your record which is not considered "sealed." A criminal conviction (misdemeanor or felony) will show up on a background check, but an arrest will usually not appear. The only instances where it has shown up in my experience, is where you need to consent to an FBI background check, which will still show any arrest you have ever had. There is no way to erase that, as it is only accessible to criminal justice agencies.
    Answer Applies to: New York
    Replied: 7/1/2013
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Yes. In Nevada ,you may seal a record immediately after a case is dismissed or denied. Until sealed it will be on your record and it will show up on a background check.
    Answer Applies to: Nevada
    Replied: 7/1/2013
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