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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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I have a no contact order pending. Will it show up

Resolved Question:

I have a no contact order pending. Will it show up on a fingerprint background check in the state of VA. I slapped a carpenter in my house last year for his behavior. He got me with sexual assault so I couldn''t get him I guess. Anyway, judge put it as tresspassing, no contact and it is pending until Feb. 4 I am applying for a state job that requires fingerprint check. Will that show up on my record when they check?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear Customer

If you have a hearing pending it is going to show up on the docket entries during a background check. If the background check is limited only to fingerprints, and you were not arrested and processed then it will not appear.

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Michelle's Post: Michelle, they did arrest me and fingerprint me but let me go before the hearing. When I do a regular background check mysels online, I don't show up. I don't know what to say to this employer, but my livelihood as a newly divorced woman depends on it. I have no other criminal records. I am not sure what to do. The judge said after a year, Feb. 4, I will have nothing on my record. Please Advise.
Expert:  Michelle replied 6 years ago.

Dear Customer

This is such an unfortunate situation for you to be in this position. Is the employer asking if you have ever been arrested or have you ever been convicted? what is the exact question?

Further, those who do background checks for employers are able to obtain things that you cannot online. Believe me. I have seen them go so far back and dig up misdemeanors from 25 years ago - though many only go back 10 years. So it depends on the company/person doing the check and what exactly the employer is looking for.

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Unfortunate indeed, for a 15 year stay at home mom, volunteer, good citizen. I guess I'll just be honest with them. It is a state training center for the mentally retarded, perhaps they will take me and just ask for the Feb. release document. Too bad the sexual predator in my house is probably doing just fine. Maybe my lawyer can petition the judge for an early date to nullify the charge. Thanks, Michelle.
Customer: replied 6 years ago.
Unfortunate indeed, for a 15 year stay at home mom, volunteer, good citizen. I guess I'll just be honest with them. It is a state training center for the mentally retarded, perhaps they will take me and just ask for the Feb. release document. Too bad the sexual predator in my house is probably doing just fine. Maybe my lawyer can petition the judge for an early date to nullify the charge. Thanks, Michelle.
Expert:  Michelle replied 6 years ago.

Dear Customer

Yes, I suggest you wait to see the outcome and I also suggest that if this person's behavior was inappropriate you should file a police report - this would back up any statement you would make at a PO hearing and also evidence to support your statements to the potential employer(s).

Best of success to you in this matter,

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and other Criminal Law Specialists are ready to help you
Expert:  Michelle replied 6 years ago.

Dear Customer

And, please stop with the neutral feedbacks. I have answered each of your questions which began with "will the PO show on a background check"

 

and if you want to continue discussion we can do it here- your neutral feedback are not warranted and reflect poorly on my efforts. This does not belong in feedback - LOL. I know you are new - but all folo ups can be done here and you do not need to accept every one.

This belongs here not in feedback and those neutrals are killing me.

"I am bringing charges against his employer for placing a worker in my house without a background check. We'll see. It's an interesting case, He said, she said, she was very ill bipolar, very complicate"

Yes, you should be fighting back - and that is a good start - of course, there should be a background check on who is allowed into a customer's house. Did this guy have a past record?

 

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Yes, Michelle, he did. Including an assault charge on his first 2 children's mother. I am new here, so I apologize for anything out of line. Basically, this man got away with a sexual assault that cannot be proven and has cost me a 22 year marriage and now it looks like a job.

It looks like this isn't working out either. I'm not sure what I f**ked up on here, but hope you earn a good living. Looks like the men have it here.
Expert:  Michelle replied 6 years ago.

Dear Customer

Why did you not file an assault charge? You still can, you know. Do the battle in the courtroom - why should this guys word be any better than yours, right?

And, the suit against the employer is appropriate, especially with this guy's history. No one should have to worry they are allowing criminals into their homes when they hire a bona fide contractor.

I am not sure where your marriage comes in on this, but that is too bad. I trust you have a local attorney to assist you with the PO hearing to help set things straight? You do not want to have a PO against you - that is usually lifetime and will be on your record for a very long time. They are hard to appeal so I suggest you do all you can to stop it at this level.

If you have not already done so, I suggest that you go to the court where this has been filed. Speak to the clerk and ask for the Affidavit that was filed to obtain it. That way you can read what has been written exactly to see what it is that you need to defend.

I further suggest, that when you go to court, be calm. Do not allow yourself to be rustled by the Petitioner. Stay focused on the facts of the matter. Do not speak until the Judge talks to you and never address the Petitioner - only the judge. You do not want to give any indication that you are in any way, shape or form a threat to this man. Bring any witnesses with you - or statements from family, friends who can attest to your good character and that you would never intentionally hurt anyone. Make it clear that you slapped him because of his sexual advances.

I also suggest for you to tell the judge that you are not a threat to the Petitioner's wellbeing and ask that the TRO be dismissed and the Restraining Order not be granted. You should be able to tell the judge about yourself - explain that the Order will hinder your employement opportunities and your goals to work different places.

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

 

 

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and other Criminal Law Specialists are ready to help you

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