What to do if my supposedly dismissed case still shows up in a criminal background check?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my supposedly dismissed case still shows up in a criminal background check?

I received a shoplifting charge 2 years ago. I served pre-trial probation for 6 months and contingent upon successful completion, the judge dismissed all charges. I was never charged with the crime as it was my first offense. I had to submit a fingerprint for my finance internship with an employer, and received a letter today informing me that I was denied because of the results from my 10-fingerprint rap sheet results. They gave me a copy of what it revealed in which it stated that the larceny charge that I had dismissed by the court does not show up as dismissed.

Asked on July 25, 2011 Massachusetts

Answers:

Stan Helinski / McKinley Law Group

Answered 10 years ago | Contributor

Really a very common problem.  You need to move the court to seal the record--though even with it sealed, an employer will know that an entry once existed.  If it was only two years ago, you will have to bring the request before the court, formally, and serve a copy of the request on the office of the District Attorney--who have a right to oppose the request.  It's not automatic by any means.  


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