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Criminal Charges Showing Up on Employment Background Check

Posted on August 12, 2020 in Criminal Defense

A criminal conviction gives a person a criminal record if that person is convicted of the crime.  In order to be convicted of a crime, a person needs to plead guilty or no contest, or to be found guilty at trial.  Therefore, if the case is dismissed or a person is not guilty, they will not have a criminal record.

My Dismissed Case Still Showing Up on My Background Check

Unfortunately, the arrest or charge is visible to potential employers.  An arrest or a charge is not a conviction.  It does not give you a criminal record.  It is only an unproven allegation.  Some employers see this and do not understand the difference between a charge and a conviction.  Other employers may just assume that the person would not be arrested or charged if the individual did nothing wrong.

ARS 13-4051 allows a person who was wrongfully arrested or charged to petition the court to put a notation on the record that the person was cleared.  The court can also order that law enforcement agencies and courts not release or provide access to these records. Failure to knowingly disobey that court order allows for liability for the damages caused.

Keep in mind, wrongfully arrested or charged is not the same as not being convicted.  A person may be acquitted because the prosecutor was unable to prove guilt beyond a reasonable doubt, but they may still have committed the crime. Wrongfully arrested or charged means the person was actually innocent.  For example, a person who was charged with a DUI, but the blood test later revealed that they had no alcohol or drugs in their system would be actually innocent.

Why Do I Still Have a Felony Conviction on My Record?

If you plead to a class 6 undesignated felony and successfully completed probation, will the felony conviction still show on your record?  Yes,  it will show up on your record and background check. A class 6 undesignated felony can move to a misdemeanor after successful completion of probation.  However, the court does not always automatically move it to a misdemeanor after a successful completion of probation.

There are two ways to get the class 6 undesignated to become a misdemeanor if the court did not automatically move it to a misdemeanor.  One, is to ask the probation officer to file a motion with the court to move the conviction to a misdemeanor at the time your probation is completed.  Second, is to have your attorney file a motion, with the court, to designate the class 6 undesignated felony as a misdemeanor.

What to Do If You Find Yourself in This Situation

The overwhelming majority of calls we get have very limited experience in the criminal justice system, so facing any criminal charges can be a frightening. At AZ Defenders we know how scary it can be for those going through the process. That’s why you can trust that our team of defense attorneys will be with you every step of the way and keeping you informed. If you have been arrested or are facing criminal charges, it would be in your best interests to call a criminal lawyer today. We can be reached 24 hours a day, 7 days a week. We are happy to help in any way we can and answer any questions you may have. Contact us online or call 480-456-6400.

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