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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26788
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have whopped charges but even though i have yet to be

Customer Question

hello i have whopped charges but even though i have yet to be convicted of them im still losing job opportunities is this right? JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Ka**** JA: Have you talked to a lawyer yet? Customer: No JA: Anything else you want the lawyer to know before I connect you? Customer: No

Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Does the arrest show on a background check?

Customer: replied 6 months ago.
For the companies I have applied to yes but I have not went to court for it nor claimed guilty they're still woped
Expert:  Zoey_ JD replied 6 months ago.

Even though you were not convicted of a crime, you are competing with candidates who have no criminal history at all. It is not unlawful for a company to prefer another candidate who doesn't have a record. It's only unlawful for them to engage in discriminatory hiring practices by virtue of your race, ethnic origin, religion, gender, sexual orientation or disability.

So the bad news is that a prospective employer is free to consider your contact with the criminal justice system. The good news, however, is that if your case was never prosecuted, you should be able to get it expunged from your record and that would solve this problem going forward.

There are lawyers who specialize in this sort of thing, but you could also do this for yourself without a lawyer. The forms and instructions are on the web.

Good luck!