What canI do to clear my arrest record for an employment background check?
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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 13 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.
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