Will Dismissed or Dropped charges affect me getting a job

[laxer971]

NJ and NC

I plan to work in NYC after I graduate college in NC. In NC I was arrested for Simple Assault but the charges were dropped or dismissed my freshmen year. Just recently, junior year, I was given a citation for Petty Larceny after running from a cab because the cab driver was taking me a sketchy way home. My lawyer says this will be dismissed as well and I will be getting this expunged from my record. Unfortunately I was arrested last summer in NJ for Fake ID but that charge was brought down to what my lawyer said is a "Local Ordinance" and will not appear on a background check unless the job I'm applying for is in that county. So I have a few questions, if a job asked me if I have ever been convicted of a crime I can put NO because I have not right? And if they do a background check what will show up? Does the record stay within the state? Will the charge show up at all or will it just down up as Case Dismissed or something? I am just worried about this because I am a good kid but I just got caught up in a few dumb college mistakes that I don't want to hurt my chances of getting a great job. Please Help me out, Thank you!

 

[cbg]

All background checks are not created equal. Despite what far too many people think, what shows up in background check depend entirely on what questions the employer asks. There's not one sole "background check" that comes up identically for all employers.

 

[Proserpina]

NJ and NC

I plan to work in NYC after I graduate college in NC. In NC I was arrested for Simple Assault but the charges were dropped or dismissed my freshmen year. Just recently, junior year, I was given a citation for Petty Larceny after running from a cab because the cab driver was taking me a sketchy way home. My lawyer says this will be dismissed as well and I will be getting this expunged from my record. Unfortunately I was arrested last summer in NJ for Fake ID but that charge was brought down to what my lawyer said is a "Local Ordinance" and will not appear on a background check unless the job I'm applying for is in that county. So I have a few questions, if a job asked me if I have ever been convicted of a crime I can put NO because I have not right? And if they do a background check what will show up? Does the record stay within the state? Will the charge show up at all or will it just down up as Case Dismissed or something? I am just worried about this because I am a good kid but I just got caught up in a few dumb college mistakes that I don't want to hurt my chances of getting a great job. Please Help me out, Thank you!

The problem is that in this job market, there are oodles and oodles of applicants who don't get caught up in a few dumb college mistakes.

You have assault, larceny, forgery.... this isn't exactly the background of a promising employee.

As cbg stated though, not all background checks are created equal. A bank for example is going to look for anything involving financial wrongdoing. A data entry position in most places, not so much. Positions where you're directly responsible for the care of someone else might rule out any applicant who has a sniff of anything relating to violence against another.

To complicated things further, most employers for most of the time cannot use your background against you....unless your background is relevant to the position itself. You're not going to find Ronnie Biggs being offered the position of CEO at the local bank.

 

[laxer971]

The problem is that in this job market, there are oodles and oodles of applicants who don't get caught up in a few dumb college mistakes.

You have assault, larceny, forgery.... this isn't exactly the background of a promising employee.

As cbg stated though, not all background checks are created equal. A bank for example is going to look for anything involving financial wrongdoing. A data entry position in most places, not so much. Positions where you're directly responsible for the care of someone else might rule out any applicant who has a sniff of anything relating to violence against another.

To complicated things further, most employers for most of the time cannot use your background against you....unless your background is relevant to the position itself. You're not going to find Ronnie Biggs being offered the position of CEO at the local bank.

Well the Fake ID charge was actually just transfer ID which was dismissed and brought down to a local ordinance and the Larceny is getting expunged. I so basically just have a Dismissed simple assault charge.

 

[HighwayMan]

You have assault, larceny, forgery.... this isn't exactly the background of a promising employee.

Exactly.

A common question on job applications is "have you ever been summonsed or arrested (except for traffic infractions)?" You would have to answer "YES" and explain each incident.

It matters not whether the charges were reduced or dismissed and it doesn't matter WHAT it was that you forged or that it was only a "little forgery". Your arrests are still on record. You can play games and assume that the employer's background check will not pick them up but then you risk getting caught later on and fired - some background checks are not completed by the time employment begins.

Some employers will also re-run background checks years later. Do you want to be employed for 4 years somewhere only to get fired for lying on a job application? What do you think THAT will do to your prospects for getting another job?

 

[Ladyback1]

It's been about 8-9 years, however: When I worked as a 911 dispatcher, the dispatchers were often asked to run a criminal history query through NCIC. And I do remember that the histories would show EVERYTHING that a person had been arrested/charged with, and the disposition (convicted/guilty, dismissed, etc.). So, while I'm not sure that is how the NCIC queries are today, there is a strong likelihood that a good background search is going to pull up your checkered pass!

 

[Ohiogal]

It's been about 8-9 years, however: When I worked as a 911 dispatcher, the dispatchers were often asked to run a criminal history query through NCIC. And I do remember that the histories would show EVERYTHING that a person had been arrested/charged with, and the disposition (convicted/guilty, dismissed, etc.). So, while I'm not sure that is how the NCIC queries are today, there is a strong likelihood that a good background search is going to pull up your checkered pass!

As a defense attorney on criminal matters, I am provided with EVERY ARREST my client has ever had. So some background checks definitely do go that far. This OP has issues. He (or she) has been convicted of a crime (even if it was a municipal misdemeanor). And he has a (or she) has an arrest record. Depending on what career he is expecting to enter, he may be in trouble. And if law? I had to list every ticket I ever got. Every arrest. Every conviction. Everything. Even those things that were expunged and/or sealed. Also every CIVIL case I had ever been involved with (divorce/custody, foreclosure or what have you) and state whether I sued or was sued.

 

[davew128]

A common question on job applications is "have you ever been summonsed or arrested (except for traffic infractions)?" You would have to answer "YES" and explain each incident.

Those questions are state specific and many states do not allow them any more or if they do, only allow asking about convictions.

 

[quincy]

Those questions are state specific and many states do not allow them any more or if they do, only allow asking about convictions.

It depends on the field you are entering.

 

[You Are Guilty]

This is the one question that can be illegal just to ask applicants in NY (depending on the job). Go figure.

Anyway, there are a ton of exceptions, so you'll have to do your own homework, but here's the statute:

16. It shall be an unlawful discriminatory practice, unless
specifically required or permitted by statute, for any person, agency,
bureau, corporation or association, including the state and any
political subdivision thereof, to make any inquiry about, whether in any
form of application or otherwise, or to act upon adversely to the
individual involved, any arrest or criminal accusation of such
individual not then pending against that individual which was followed
by a termination of that criminal action or proceeding in favor of such
individual, as defined in subdivision two of section 160.50 of the
criminal procedure law, or by a youthful offender adjudication, as
defined in subdivision one of section 720.35 of the criminal procedure
law, or by a conviction for a violation sealed pursuant to section
160.55 of the criminal procedure law or by a conviction which is sealed
pursuant to section 160.58 of the criminal procedure law, in connection
with the licensing, employment or providing of credit or insurance to
such individual;

http://codes.lp.findlaw.com/nycode/EXC/15/296

 

[dave33]

NJ and NC

I plan to work in NYC after I graduate college in NC. In NC I was arrested for Simple Assault but the charges were dropped or dismissed my freshmen year. Just recently, junior year, I was given a citation for Petty Larceny after running from a cab because the cab driver was taking me a sketchy way home. My lawyer says this will be dismissed as well and I will be getting this expunged from my record. Unfortunately I was arrested last summer in NJ for Fake ID but that charge was brought down to what my lawyer said is a "Local Ordinance" and will not appear on a background check unless the job I'm applying for is in that county. So I have a few questions, if a job asked me if I have ever been convicted of a crime I can put NO because I have not right? And if they do a background check what will show up? Does the record stay within the state? Will the charge show up at all or will it just down up as Case Dismissed or something? I am just worried about this because I am a good kid but I just got caught up in a few dumb college mistakes that I don't want to hurt my chances of getting a great job. Please Help me out, Thank you!

In your situation I believe most would answer "no". As far as what will show up on your criminal history check, nobody can answer that.

It's time to evaluate the reason for these problems. Let's say for instance, if booze was present during or before all of these problems....Well, you know. I am not making accusations. goodluck.

 

[single317dad]

One person's "dumb college mistakes" are another person's "pattern of criminal conduct".

 

[HighwayMan]

This is the one question that can be illegal just to ask applicants in NY (depending on the job).

I guess it was the nature of my employment (not my current employment), but I was asked that on every job application I ever remember filling out.

 

[davew128]

This is the one question that can be illegal just to ask applicants in NY (depending on the job). Go figure.

Anyway, there are a ton of exceptions, so you'll have to do your own homework, but here's the statute:



http://codes.lp.findlaw.com/nycode/EXC/15/296

Which seems like the types of restrictions I would ordinarily expect to see.

 

[betachains]

OP: Whether you are a good kid or not, 3 arrests/detentions in college will not look good for future employment or school.

As already mentioned, whether these will show up depends on the job, the intensity of the background check, and the readiness with which your county share "minor" records. In my county, the court website has a publicly searchable database with arrests (whatever the deposition) and infractions (including speeding tickets), while other counties do not give out any records online at all.

I suspect that for any reasonably good job, the background check will contain at least a search of state *and* county in which you have reside for the past few years. You can check those yourself.

You can probably honestly state that you have never been convicted, but it may be good idea to keep your nose clean for the next 10-30 years or so.