I was charged with rape, sexual assault, and attempted murder?

Question

And now I cannot get a job :( Because these charges cannot be expunged in my state they stay with me forever even though there is no conviction and they were dropped but employers see the arrests and charges on my record when they do background checks and won't hire me. How can I get fairness in the workplace?

Answer 1

Employers aren't supposed to take into consideration charges that were dismissed. You need to have someone pull a criminal history on you and see it for yourself, it might say something totally different than what you think.

You'd have to have an attorney clean up your file with a hearing and an expungment request if that's applicable. Every state has something that amounts to an expungment, in AZ it's called a conviction set aside. You didn't say where you are put I can't think of anywhere there isn't some available resolution.

Answer 2

While most laws affecting employment are federal, states can and have passed their own laws which may effect your rights or obligations.

I'm not sure which state you reside in however, the federal Fair Credit Reporting Act (FCRA) sets the national standard for employment background checks. Even in states like California that have laws governing background checks, employers have to follow the FCRA. State laws may give more rights to workers, but they cannot take away from the basic rights of the FCRA.
For example, California law follows the FCRA's general seven-year rule as the limit for reporting negative information on an employment background check. One exception is that under the FCRA criminal convictions can be reported indefinitely. In California, criminal convictions can only be reported for seven years unless another law requires employers to look deeper into your background.

As an example, California law also differs from the FCRA for other reporting requirements, as follows:

Arrests and the formal charges shown in an indictment, information or complaint that result from an arrest can be reported for up to seven years in California. But these records cannot be reported if a conviction did not result. However, they can be reported pending judgment. This means if you were arrested and the matter has not come to trial or has otherwise not been resolved, it can still be reported in an employment background check.

Unlike the indefinite standard of the FCRA, criminal convictions in California can only be reported up to seven years. Convictions cannot be reported if a full pardon has been granted.

The ICRAA (Investigative Consumer Reporting Agencies Act) does not apply if another law requires a government agency or employer to conduct a certain type of background check. Many jobs require an employer to check for criminal convictions far beyond the seven-year limit included in the ICRAA. For example, operators of residential care facilities for the elderly and the facility's employees are subject to a "full criminal records" check. per California Health and Safety Code.

In addition, occupations that require a state license often require an extensive criminal background check.

I'm not sure which state you reside in but you may want to talk to a lawyer (or your past lawyer who is familiar with these charges) to see if employers are following the correct laws within your state. You also do not mention how long ago you were charged with these crimes and as you can see by California laws, time can be a major factor.

Answer 3

Step-by-step:

1. Get a court ORDER/certificate stating that your case has been dismissed for lack of merits

2. Publish order in a leading newspaper for 2 weeks.

3. Make sure that the Court's Order is reflected in police records.

4. During a job hunt, be proactive by menttioning ahead to hiring officer about the 'POSITIVE OUTCOME of the case (not the status)

5. During an interview, be honest with the 'POSITIVE RESOLUTION' of the case 'APPRECIATE" their being objective about it.

6. Come to a job interview in proper attire and well groomed and don't look at the lady employees because there's a CCTV camera in the ceiling above you.

7. If you can't do the above, migrate in some areas and start a new life with different identity.


Good luck!

Answer 4

It's really unfortunate but most people assume that although the charges didn't result in conviction that there must be some impropriety on your part. Most states being at will employment states an employer can refuse to hire but anything other that being a member of a protected class, which it doesn't appear you are.

Answer 5

I would explain to them as soon as you apply for the job. they may be impressed with your candor. I would also take with you the reason why there was no conviction and why it was dropped!
The mere fact that it was dropped or no coviction does not realy mean that you are not guilty! To get fairness,you must be fair first! Good luck!

Answer 6

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Answer 7

Sorry but you can't. You can try to sue the state or business for damages, but its a long shot. As far as jobs go you can continue looking, or try working as an outside contractor (your own business). Good Luck.

Answer 8

well if the charges were dropped they have to expung them only if there was a conviction can keep them from being expunged

Answer 9

I think they are wrong. If you weren't convicted of anything they should give you a chance.

Answer 10

Try Wal-Mart. there are places that will employ you, even if you have served a prison sentance