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

UPDATED: Jul 25, 2011

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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


Stan Helinski / McKinley Law Group

Answered 11 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.  

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