Bakcground Check/Dismissed Without Prejudice

[ssmithw]

DC: I'm an employer in DC hiring for a driving position. A check on a potential hire turned up a few instances of drug possession "dismissed without prejudice." Is it legal for me to consider those during my hiring process?

 

[seniorjudge]

DC: I'm an employer in DC hiring for a driving position. A check on a potential hire turned up a few instances of drug possession "dismissed without prejudice." Is it legal for me to consider those during my hiring process?

I will answer part of your question.

Dismissed without prejudice means the prosecutor could re-file the cases. They are not necessarily gone forever.

 

[RedemptionMan]

I will answer part of your question.

Dismissed without prejudice means the prosecutor could re-file the cases. They are not necessarily gone forever.

are you serious? dismissed without prejudice is they can not be refiled... a nolle pros. means that they can be but only while on probation or statue runs out..

 

[seniorjudge]

are you serious? dismissed without prejudice is they can not be refiled... a nolle pros. means that they can be but only while on probation or statue runs out..

You obviously have no knowledge of the law.

 

[justalayman]

are you serious? dismissed without prejudice is they can not be refiled... a nolle pros. means that they can be but only while on probation or statue runs out..

dismissal
n. 1) the act of voluntarily terminating a criminal prosecution or a lawsuit or one of its causes of action by one of the parties. 2) a judge's ruling that a lawsuit or criminal charge is terminated. 3) an appeals court's act of dismissing an appeal, letting the lower court decision stand. 4) the act of a plaintiff dismissing a lawsuit upon settling the case. Such a dismissal may be dismissal with prejudice, meaning it can never be filed again, or dismissal without prejudice, leaving open the possibility of bringing the suit again if the defendant does not follow through on the terms of the settlement.
See also: dismiss

 

[RedemptionMan]

Ok then how long can a dismissal without prejudice be brought back? I have never heard of that I had it backwards....

 

[Happy Trails]

Oh brother**************......