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Macd5301 · Aug 20, 2012, 02:52 PM

Over six uears ago I was arrested for being under the influence of a controlled substance. When I went to court the DA did not press charges. I later learned he/she did not in the interest of justice. I have received my teaching credential since then. I recently received a job but my DOJ live scan has been delayed. Will the DOJ report an arrest without conviction to a school district? I have done so much to make a great life for my son and I and am no longer making the bad choices I once was but I feel this is going to haunt me forever.

JudyKayTee · Aug 20, 2012, 02:55 PM

Originally Posted by Macd5301

Over six uears ago I was arrested for being under the influence of a controlled substance. When I went to court the DA did not press charges. I later learned he/she did not in the interest of justice. I have received my teaching credential since then. I recently received a job but my DOJ live scan has been delayed. Will the DOJ report an arrest without conviction to a school district? I have done so much to make a great life for my son and I and am no longer making the bad choices I once was but I feel this is going to haunt me forever.

Yes, how you were charged and the disposition will show.

What happens then is anybody's guess.

You were able to get teaching credentials?

Macd5301 · Aug 20, 2012, 03:04 PM

Originally Posted by JudyKayTee

Yes, how you were charged and the disposition will show.

What happens then is anybody's guess.

You were able to get teaching credentials?

Yeah. That wasn't a problem but now my live scan hasn't come back yet. I know the arrest and disposition will show but can the DOJ report this to the school district if I wasn't convicted?

JudyKayTee · Aug 20, 2012, 03:07 PM

Originally Posted by Macd5301

Yeah. That wasn't a problem but now my live scan hasn't come back yet. I know the arrest and disposition will show but can the DOJ report this to the school district if I wasn't convicted?

Sure, it's a background check.

AK lawyer · Aug 20, 2012, 04:41 PM

Originally Posted by JudyKayTee

Sure, it's a background check.

Be prepared to explain things to potential employers. Were you guilty?

But look at it this way: what you were accused of doing, the last two Democrats who held the office of U.S. president admitted to also having done at some point in their lives. It didn't stop them.

Macd5301 · Aug 20, 2012, 05:43 PM

Originally Posted by AK lawyer

Be prepared to explain things to potential employers. Were you guilty?

But look at it this way: what you were accused of doing, the last two Democrats who held the office of U.S. president admitted to also having done at some point in their lives. It didn't stop them.

I read the DOJ cannot report arrests, only convictions. Does anyone know if this is true?

JudyKayTee · Aug 20, 2012, 05:47 PM

Originally Posted by Macd5301

I read the DOJ cannot report arrests, only convictions. Does anyone know if this is true?

I'll address one State, California. They are all the same:

"If you've been detained, arrested, or convicted anywhere in California, the incident is recorded on your criminal history transcript as maintained by the California Department of Justice. The California Department of Justice (DOJ) is the official repository of California criminal records."

This is a private site but a good explanation of what is reported. About the California Department of Justice (DOJ) Criminal History Transcript - Record

Where did you read that the DOJ cannot (odd language) report arrests and can only report/record convictions? Maybe I'm missing something.

I worked for the Feds - we saw the entire history, arrests, convictions, dismissals, everything in between.

Macd5301 · Aug 20, 2012, 05:52 PM

Originally Posted by JudyKayTee

I'll address one State, California. They are all the same:

"If you've been detained, arrested, or convicted anywhere in California, the incident is recorded on your criminal history transcript as maintained by the California Department of Justice. The California Department of Justice (DOJ) is the official repository of California criminal records."

This is a private site but a good explanation of what is reported. About the California Department of Justice (DOJ) Criminal History Transcript - Record

Where did you read that the DOJ cannot (odd language) report arrests and can only report/record convictions? Maybe I'm missing something.

I worked for the Feds - we saw the entire history, arrests, convictions, dismissals, everything in between.

I've read it on a couple different sites. Really hoping that it is true.

JudyKayTee · Aug 20, 2012, 06:28 PM

Originally Posted by Macd5301

I've read it on a couple different sites. Really hoping that it is true.

I'm not finding it and I posted the law. Unless you can find what you read I'm afraid what I posted stands.

A lot, of course, depends on the integrity of the site where you read it.

Again, I worked for the Feds, worked clearances. DOJ records showed everything - but I've already said that.

It could show up and nobody will care. The only problem I saw (and see) is when somebody lies about the record. Then they've sort of got you on the ropes. Assuming there were no questions about convictions you should be all right. If asked if you were arrested, of course, the answer is yes.

ballengerb1 · Aug 20, 2012, 06:34 PM

In many states, I am in Illinois, a drug conviction would prevent certification but any arrest will not prevent any school from hiring you. It will show and you will need to be frank with your interviewer. I can't honestly say that I would hire a person under these circumstances, sorry.

Fr_Chuck · Aug 20, 2012, 07:10 PM

All may show up, so as long as you did not lie on the application. If they asked if you were ever convicted and you said NO, that is a honest answer, if they asked were you ever arrested or convicted, then you would have had to explain.

Many people are arrested, They got me a couple times but charges always dropped. Charges as long as you are not guilty do not hurt with any licensing, you may have to explain the error the police made.

Macd5301 · Aug 20, 2012, 07:23 PM

Originally Posted by ballengerb1

In many states, I am in Illinois, a drug conviction would prevent certification but any arrest will not prevent any school from hiring you. It will show and you will need to be frank with your interviewer. I can't honestly say that I would hire a person under these circumstances, sorry.

I realize this will always be on my rap sheet but is an arrest public record? One in five people have been arrested not all are quilty. Can this legally be held against me?

Macd5301 · Aug 20, 2012, 07:24 PM

Originally Posted by Fr_Chuck

All may show up, so as long as you did not lie on the application. If they asked if you were ever convicted and you said NO, that is a honest answer, if they asked were you ever arrested or convicted, then you would have had to explain.

many people are arrested, They got me a couple times but charges always dropped. Charges as long as you are not guilty do not hurt with any licensing, you may have to explain the error the police made.

Thank you Chuck.

JudyKayTee · Aug 21, 2012, 05:39 AM

Originally Posted by Macd5301

I realize this will always be on my rap sheet but is an arrest public record? One in five people have been arrested not all are quilty. Can this legally be held against me?

I don't know what "legally held against you" means. Do you mean can your arrest keep you from obtaining employment or insurance? Yes.

If you are not hired do you have grounds to sue? No - it was an arrest.

As I said in #9 above - "Assuming there were no questions about convictions you should be all right. If asked if you were arrested, of course, the answer is yes."

I realize you don't want to hear this information but you have been given the law.

misterdave · Feb 5, 2013, 06:23 AM

What happened with this? Did you get your teaching license? Were you able to land a teaching job?