Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
There is no specific legal definition for "a criminal record".
Are you asking for a specific reason or in a specific context?
Im applying for a job and they are doing a criminal background check on me. The only thing on my record is bad check which was Dismissed - Rule 586. Is that the same as guilty?
No, it's not.
Rule 586 is where a case is dismissed when no one opposes it and the "victim" has been made whole.
It is a dismissal of a case, no finding of guilt at all.
Ok great is there any way of getting it expunged from even showing up at all
You can file a petition for expungement through the courts. You may want to speak to a local lawyer about that and find out what they charge.
An expungement would remove it from the record altogether as far as background checks.
ok so im not considered to have a criminal record base on the facts I've just shared with you?
You're not considered to have a criminal conviction. Whether you have a criminal record depends on what their definition of a criminal record is.
ok thank you very much. Have a wonderful day. Are you an attorney?
I graduated law school in 1992 and had an active practice for 20 years. I do mostly consulting work now.
I did about 50% criminal work and 50% civil work.
Ok great. You have been very helpful. I hope they dont consider myself a criminal. I'll be working at a school. So I think they are more concerned with whether or not I've committed a sexual crime which i Have not. Hopefully a dismissed rule 586 for bad checks doesnt prevent me from getting the job
I wouldn't think it would, generally when you think of a criminal record you think of a conviction.
And the bad check charge is probably the least offensive criminal charge you can get. It is really one step up from a traffic ticket and in your case it was dismissed.
ok thanks have a great day. I feel better.
You're very welcome and you have a good weekend. I think you'll be fine if this is a background check for employment.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
I'll exit now and assist others.
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