dismissal at status hearing-Criminal Record

[jockey_00789]

What is the name of your state? MA

At arraignment I had submitted a motion to dismiss,which was denied and then I got another date for a status hearing.I was never asked for a plea or anything.Now my question is regarding the criminal record.Lets say this case is dismissed at this hearing or later..will this show up on my record or it depends on the judge if he/she decides if this goes to my record then this goes to my record?. first time for me,no prior history of anything.I am a bit concerned as this might affect my future employment.

 

[Wheresdalove]

Unfortunately can could

The reason why you were not asked for a plea is because a motion hearing and an arraignment are two different things. The session that you attended since you asked a judge for a dismissal was most likely a motion hearing. There are instances were an individual can ask for a charge to be (dismissed before arraignment). Usually if the prosecutors evidence is extremely weak against the defendant the judge will usually grant this motion. Since your motion was denied and not dismissed before arraignment then you most likely have a criminal record.

A criminal record these days doesn't mean you have to be convicted it just stats now that you have been criminally charged you now have a record that displays this information. Even if the charge is dismissed it will still appear on your record and show up in any CORI background check. Unfortunately this has a great chance at affecting your future employment especially if it is in a financial related field. Most SEC registered companies usually will not employ you if your conviction or charge is related to dishonesty. Depending on what type of charge you have most companies will terminate your employment because a disposition has not been reached in the case and it shows as the case still pending.

 

[jockey_00789]

thanks for your prompt response.

Well I am a software consultant by profession, and after reading your opinion I am deeply disturbed as this will affect me sooner or later.At this hearing/arraignment..as it was for scheduled arraignment.The prosecution hds no evidence what so ever,only the police report and a statment from a detective.Nothing else.The judge has scheduled a status hearing,i wonder what that is for?.The judge could have dismissed the charges right there..but she did not.The prosecution only had raised objection..I feel this is really very unfair..The police has no evidence..at all..i have no clue why the judge wants to even try this case.Anyways...I am screwed as you have said.It depends on the judge now..if she wants to take this matter to my record or not.How can a sytem be so unfair..that even a record is kept before even there is some result from the case?.And the worst part..why these records are accessible to employers?Well..I am helpless..this is very unjust as it seems to me.

 

[SHORTY LONG]

No need to frown or be distraught if you are not guilty. Moreover, after your case has been adjudicated
(hopefully in your favor) then, ask the Court to Seal and or Expunge the Record; or when you may be
eligible to make application with the Court to request your Record[]s be Expunged/Sealed.

 

[Wheresdalove]

Caution

Being granted an expungement on a conviction is almost unheard of in the judicial system. It is equally or about just as hard to expunge a charge from your record as well. I would advise any defendant against having their record sealed. When you seal a criminal record all you are doing is blocking access to your criminal history not erasing it so an individual performing the search knows you have a criminal history but its blocked. When an employer or landlord performs a background check they are going to wonder what this individual is hiding, could it be a murder, rape, sexual assault, robbery, etc. Sealing your record has the potential to be more harmful to you than just leaving your record public. Also, some employers will not hire an individual with a sealed record such as the police department, FBI, etc. I know it's unfortunate and it does suck and the CORI system needs to be reformed badly.

 

[jockey_00789]

well

potential employers can deny employment even seeing a dimissed case on my record?.i mean they will just give some other reason,like their budget went down the drains or something?.They have to give the reason also in many cases i believe.

 

[cbg]

Sorry for the delay - I just saw this.

There is NO law in ANY state that says they have to give you the reason you were not hired.

 

[jockey_00789]

that's it then

this cori system will create more criminals..
criminal record means no job.and no job means nothing to do..and nothing to do means loot the bank..what else.

 

[cbg]

I'll add one qualifier.

IF the employer does a criminal records check, AND IF they use a third party to run the check AND IF the existance of a criminal record is the primary reason that you are turned down for the job, they have to tell you.

They do not have to hire you.

 

[jockey_00789]

so this means

no job.are dismissed cases visible ???

 

[jockey_00789]

clear answer please

If the case is dismissed,in my case charges are annoying phone calls and criminal harrasment.will this affect my employment?.