What canI do to clear my arrest record for an employment background check?

Get Legal Help Today

 Secured with SHA-256 Encryption

What canI do to clear my arrest record for an employment background check?

About 5 years ago I was arrested for possession of stolen property and conversion. I was charged with both a felony and a misdemeanor. The charge for the felony was dismissed and I was advised to plead guilty to the misdemeanor, with the agreement that after I had completed my probation the conviction would be set aside. I have recently graduated with a masters degree and am currently looking for a job. I am in the healthcare field and have come across several employment opportunities but I am apprehensive to take these opportunities as each company completes extensive background checks. One company is even requesting my fingerprints for an FBI background check. I was charged with the crime in the state of IN and so I am well aware that the record will still show up. What should I do? Is there any possible way to get rid of this record for good? I have worked extremely hard to get to the point I am out now, but am finding myself at a standstill due to a bad decision and poor influences 5 years ago. Should I tell my employers about my case and state that it was dismissed, or should I avoid the topic altogether? Should I speak with a criminal defense attorney? In Porter County, IN.

Asked on August 12, 2010 under Criminal Law, Indiana

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first thing that you need to do is determine the disposition of the misdemeanor charge.  If it was eventually dismissed, then both charges should technically be erased from the public record.  Once you have obtained proof of those dismissals, you can write letters to law enforcement agencies demanding that their records relating to your arrest be destroyed.  I suggest that you consult with a criminal defense attorney to determine the best way to draft those letters.  Nevertheless, if background information companies have already come into possession of this information, it may not be possible to force private companies to delete it.  By way of analogy, imagine that an internet blog posts a picture of a naked celebrity.  While it may be possible to force that blogger to take it down, once other people have copied and distributed the photo it is almost impossible to track them all down and force them to also delete it.  The same may hold true with your arrest record. Therefore, I suggest that you consult with an employment attorney to discuss the best way to approach this possibility with potential employers.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption