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Alex Esquire
Alex Esquire, Attorney at Law
Category: Employment Law
Satisfied Customers: 16396
Experience:  Licensed Experienced Attorney
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I am 53 yrs. old, and have done heating & air work last 34

Customer Question

I am 53 yrs. old, and have done heating & air work for the last 34 yrs., & recently retired from my own business of 8 yrs. as an HVAC contractor. I have since applied for part-time work at several places of employment; one of which was a teaching position, and another was for a city inspection job. I new I should have gotten at least one if not both the jobs, since I was more than qualified; but after my wife did a criminal background check on me, I found I have an arrest that is thirty years ago, that reads "Assault on PO Jailer- Guard". A 1985 case, in which I was found not guilty of, by a 3 day, twelve-man, jury trial. Question - "Should the police report be on my record? If not, can I sue? If so, what kind of an attorney should I consult?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Unfortunately, if a person is charged with a crime and later acquitted at trial by jury, the record of the arrest and criminal charges will remain at the local state level and also with the FBI database, but the disposition of the case would show as "acquittal", so there is no criminal conviction and such record should not be held against the person, however, some employers at their discretion can legally choose not to hire someone, who was simply arrested and/or charged with a crime and wasn't convicted and there is nothing illegal about such practice.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex Esquire replied 1 year ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.