What to do if someone had a DV charge thatthey werenot convicted of and the charge was dismissed but keeps showing up onbackground checks?

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What to do if someone had a DV charge thatthey werenot convicted of and the charge was dismissed but keeps showing up onbackground checks?

This oerson is unable to attend nursing schools based on these checks.

Asked on November 29, 2011 under Criminal Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is odd that a non-conviction shows up on a person's background check for a crime. Many times a person is charged with a crime and there is no conviction as a result. In this country, one is innocent until proven guilty in a criminal matter.

The best way to try and eliminate this DV charge that was dismissed is for the person to consult with a criminal defense attorney and possibly file a petition in the court where the criminal charge was filed but dismissed to seal the file by court order. If the file is sealed by court order, the order should state that no reference can be made about the prior charge absent a court order in any other document such as a background check.


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