[colonelmonkey]

I was arrested 2 weeks ago (along with my 70 year old grandfather who has cancer, and my father) for gang assault against my insane drug addict mother. The reason I say who I was arrested with is to display the absurdity of the situation.

Right now, I'm trying to get a second job somewhere and they're conducting a criminal background check. I was arrested but my trial isn't until November. Will they see this? I was not yet found Guilty (and I won't be after her medical records are brought into court).
I thought the ideal was that you are innocent before you are found guilty. So is that really true or is that another false premise on which this nation lies and I won't be able to get this job.

Thanks!

By the way, I'm from New York, if that means anything.

[GlindaofOz]

An arrest will show up.

I used to do HR in NY and we had a guy who had been arrested but never convicted of anything. The arrest did show up.

I would call or email their HR person and let them know the situation. I can tell you if someone called me and said your story I certainly would not use that "arrest" against them.

Geez... I hope your Mom is getting help. Were you guys arrested while trying to get her help?

[colonelmonkey]

We were trying to keep her from killing herself. Then she did some massive visible damage to herself and went to the police.

Really should've let her do it.

[GlindaofOz]

Oh boy. Sorry to hear about this. I know how hard it can be to deal with someone who is addicted.

I'm sure you will be fine after your trial. I'm sure the police thought it was ridiculous.

[colonelmonkey]

By the way, I found a link saying that they cannot search for an arrest that did not result in a conviction.

Employment Background Checks
(in the section What CANNOT be in a background check)

I HOPED it was true but I figure its not since your employee's record showed up.
Errr.

[colonelmonkey]

Yep LOL. The police couldn't believe it. They said it was absolutely ridiculous.
Before this, my record was clean as a whistle, I didn't even have one absence from my college classes this entire year until that happened.
That's the ironic part, is that I was the one behind bars and I'm the one who can't get a job even though she's the one who destroyed people and doesn't want a job. What a world.

[colonelmonkey]

The judge dropped the charges from a felony to a misdemeanor. Will that affect the chances of my potential employment for the better?

[excon]

The police couldnt believe it. They said it was absolutely ridiculous.

Hello colonel:

So, who arrested you then?

What makes you think that you will be exonerated when they see your mother’s medical records? Who told you that would happen? Why do you think your mother’s state of mind gives you rights to confine her? Did someone tell you that? If so, I think you were mis-informed.

I don't know what you were charged with, Sir. I don't know the circumstances. I don't know if you committed a crime or not. I know that someone does, if NOT the cops, and I think you need legal representation if you haven't considered it.

By the way, I don't think the arrest will show up on MOST background checks. However, there are no standard "background checks", just like there's no standard burger. There's good burgers and there's bad burgers. If your prospective employer wants to find out all about you, and is willing to spend the money to do so, they'll find out everything about you. If, on the other hand, they just want to go through the motions, they'll probably miss it.

excon

[s_cianci]

Since you haven't yet been convicted, nothing should show up on any background check. And if you're eventually acquitted it will never show up.