Minnesota_Flyer
New Member
Re: So here\'s the thing...
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I'm not an attorney, nor an airline background checker. But I did stay at a Holiday Inn Express last night.
The matter had to be disposed of in some way ... charges dropped, deferred adjudication, probation, plea bargain, something. That's the key ... how it was disposed (remember lots of convicted criminals never see the inside of a courtroom, that's how plea bargaining works). That is what will probably show up on a background check.
Hypothetically speaking, of course.
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Usually, there would have to be some kind of conviction for a criminal history to be used against you. A mere arrest, without any conviction, is not supposed to be used by any employer. What constitutes a conviction will depend a lot on state law. As a general rule, any finding of guilt by judge or jury or a plea bargain will be considered a conviction. However, there are adjudications which are a little more gray.
In Minn., for example, you can get a Continuance without Prosecution, which means that the case will be continued for a certain amount of time (i.e. 1 year), and if you do everything the court tells you to do during that time (usually, stay out of trouble), the prosecutor will dismiss. That is not supposed to show as a conviction, but there will be a record of the charge and the outcome which an employer probably would be able to get access to.
The prior advice to consult a lawyer is right on. Only someone knowledgeable about criminal law in your jursidiction will be able to explain what may and may not show up on your record.
MF
[ QUOTE ]
I'm not an attorney, nor an airline background checker. But I did stay at a Holiday Inn Express last night.
The matter had to be disposed of in some way ... charges dropped, deferred adjudication, probation, plea bargain, something. That's the key ... how it was disposed (remember lots of convicted criminals never see the inside of a courtroom, that's how plea bargaining works). That is what will probably show up on a background check.
Hypothetically speaking, of course.
[/ QUOTE ]
Usually, there would have to be some kind of conviction for a criminal history to be used against you. A mere arrest, without any conviction, is not supposed to be used by any employer. What constitutes a conviction will depend a lot on state law. As a general rule, any finding of guilt by judge or jury or a plea bargain will be considered a conviction. However, there are adjudications which are a little more gray.
In Minn., for example, you can get a Continuance without Prosecution, which means that the case will be continued for a certain amount of time (i.e. 1 year), and if you do everything the court tells you to do during that time (usually, stay out of trouble), the prosecutor will dismiss. That is not supposed to show as a conviction, but there will be a record of the charge and the outcome which an employer probably would be able to get access to.
The prior advice to consult a lawyer is right on. Only someone knowledgeable about criminal law in your jursidiction will be able to explain what may and may not show up on your record.
MF
