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On background investigations, do I need to list stricken (SOL) charges as pending?

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harrisville

Junior Member
What is the name of your state? CO

I had the misfortune of getting arrested in Illinois last summer and was subsequently charged with four offenses. An agreement was made with the prosecution to dismiss all charges at my final court date. I was only required to appear through counsel (out-of-state resident). Instead of the charges being flat-out dismissed, they were “Stricken Off with Leave to reinstate”. This is something unique to Illinois, that my attorney assures me is basically the same as a dismissal. I pulled a definition from the web: “The judge removes the case from the docket while reserving the right to recall or reinstate it at a later date. Non-conviction”
My question is, when asked on employment forms if I have any pending charges, will I need to list these? My attorney says I shouldn’t, but I could see a company making a case for these charges are technically still pending.
 



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