HI To All,

Here's some detail about my history, 3 yrs ago, I was caught of theft on employment. The police was called, came and asked me questions, took my id info down but did not booked me nor fingerprint me. About 1 month later, I received a letter from the county court and I was summoned to court.

I hired a lawyer, I am not sure what plea was entered. I was charged of misdemeanor embezzlement. The final disposition was for me to attend theft class and if I stay out of trouble , finish the class, the charged will be dismissed. I was told by my lawyer that they initially reduced the charge from embezzelement to petty theft. Then a month later, when they received my result from the theft class, my lawyer told me the charge has been dismissed.

Almost 3 yrs has passed, I have not been in any trouble and I will never get into the same predicament again. I am in a great career, I am told by my employer that they are considering promoting me. You must be wondering how I got this job. When I was waiting for a date to appear in court because I postpone the 1st date, I applied for this position, a criminal background check was done. I also applied for US citizenship a year ago, did a live-scan, USCIS required a criminal check, I have since received my naturalization certificate.
The thing is, the new position requires me to go for a live-scan check and I am worried to hell that this charge will show up. Shld I be worried about the live-scan fingerprints check? Also, shld I consider getting my record expunged since it was dismissed?
I thank you in advance for reading my long, long story :) .

Only convictions go into the record. Since the case was dismissed you shouldn't worry.

If the charge was dismissed, then you were never convicted of anything. Therefore the charge should not show up on the live-scan check.

Quote:

---

Originally Posted by ScottGem

Only convictions go into the record. Since the case was dismissed you shouldn't worry.

---

I have to say there is a lot of confusing information out there. Here is the deal, I have gone through it.
About 5 years ago I was on the wrong end and with a bad person and was charged with a misdemeanor. Did my probation, paid my fines and went to court. In the end my attorney requested dismissal of the charges due to me fulfilling my obligation and she requested change of plea to not guilty.
1. charged
2. paid my time
3. request for changed of plea to innocent
4. requested for dismissal

So the deal is that if you are a first timer and do what they ask, then they can change plea after and have dismissed. Then you get a paper from courts and your attorney stating that you have the legal right to say no on an application to :have you ever been convicted of a felony or misdemeanor?

Now down to the LIVESCAN/background check,,
I applied for a job that just did a basic background... nothing there.
I applied for a childcare job that used LIVESCAN (which goes through a county agency) DOJ (dept. of justice, FBI, etc) BANG there is was.
So there are many factors to the equations. Even if it is dismissed, expunged, the LIVE SCAN will show it. They will send you a packet to fill out regarding the charges and have you ask that it be excluded from consideration.

But, even though I was convicted and then plea changed and dismissed.. IT STILL SHOWED UP> the jist of it, is be honest with your employer

I have to say there is a lot of confusing information out there. Here is the deal, I have gone through it.
About 5 years ago I was on the wrong end and with a bad person and was charged with a misdemeanor. Did my probation, paid my fines and went to court. In the end my attorney requested dismissal of the charges due to me fulfilling my obligation and she requested change of plea to not guilty.
1. charged
2. paid my time
3. request for changed of plea to innocent
4. requested for dismissal

So the deal is that if you are a first timer and do what they ask, then they can change plea after and have dismissed. Then you get a paper from courts and your attorney stating that you have the legal right to say no on an application to :have you ever been convicted of a felony or misdemeanor?

Now down to the LIVESCAN/background check,,
I applied for a job that just did a basic background... nothing there.
I applied for a childcare job that used LIVESCAN (which goes through a county agency) DOJ (dept. of justice, FBI, etc) BANG there is was.
So there are many factors to the equations. Even if it is dismissed, expunged, the LIVE SCAN will show it. They will send you a packet to fill out regarding the charges and have you ask that it be excluded from consideration.

But, even though I was convicted and then plea changed and dismissed.. IT STILL SHOWED UP> the jist of it, is be honest with your employe