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I applied for a job, and they did a background check. It…

I applied for a...

I applied for a job, and they did a background check. It came back saying that "the criminal history record reveals an open/pending criminal charge. The final court disposition was not reported by the court to the state repository."

Lawyer's Assistant: What were you charged with exactly? Do you have any upcoming court dates?

Here's the issue

Lawyer's Assistant: In what state did this occur?

The arrest occurred in 2013.I was pulled over for several car-related issues.I was charged with driving on a suspended license, and also marijuana possession. I went to court, and case was closed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

However, While at court, the officer found three xanax pills in my jacket. I was "re-arrested." Apparently this is a separate case, and it is the one that came up in the background check.

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Answered in 5 minutes by:
4/30/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,424
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 3 months ago
I found out that I have a open case from that initial arrest. This was 6 years ago. What do I do?
Customer reply replied 3 months ago
I need to get it closed and taken care of so I can get this job I applied for. So, I am wondering how I should handle it, and what will happen?

Are you aware of the disposition of the open case? For example, did you go to court for it? Did you pay a fine?

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Customer reply replied 3 months ago
I did not go to court for it. I thought the controlled substance case was part of the larger case that I had closed. According to the summary of criminal charges, it is a separate case.
Customer reply replied 3 months ago
It says:
Arrest Date: 11/16/2013
Arresting Agency: Macedon Police Dept.
Charges: Criminal Possession of a Controlled Substance 7th
Counts: 1
Court Information: Macedon Town Court

I see what you mean. One of the things that I would recommend that you do immediately is contact the court where the case was filed and see if there is a bench warrant. If they treated it as a different case, it is possible that they required you to come to court for your arraignment and if you didn't show, then they probably issued a warrant for your arrest.

If there is no warrant, you can check on the disposition of the case. For example, it is possible that the prosecutor just dropped the charges altogether. They don't normally send you documents saying the charges have been dropped, but you should have received something from the courts entering the order that the case was being dismissed.

Regardless, you (or a friend) can go online, call the court, or go to the courthouse to find out what's going on with the case. Once you find out what is going on with the case, then you can take your next steps. If there's a warrant, I'd recommend hiring a lawyer and letting them help you figure out what the penalties are for this so you can avoid jail time and hopefully get this closed so you can get to work.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
I was initially arrested for driving on a suspended license. The officer also found a small amount of marijuana. He took me to court, and the judge set bail. I paid the bail, and when I was leaving the court, the officer found three xanax pills in my possession. He then arrested me again. I need to take care of the second case.
Customer reply replied 3 months ago
i should contact the court and check on the status?

Absolutely. The court is going to be the only organization who could tell you with any accuracy what the current status of your case is. If there's a bench warrant, it'll be a part of your case file as well so you can at least know that if there's an issue, you can work on figuring something out before they arrest you.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,424
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
if I call and there IS a warrant, I am not arrested immediately? What typically happens? Will i have time to make plans?

You won't be arrested immediately. For non-violent offenders, they'll issue a warrant and typically the court will wait until the person gets pulled over or otherwise interacts with the police. You should have some time to make plans to figure out how you can help with this situation. Most of the time, people will turn themselves in and make their plea to a judge ASAP about the circumstances of what happened to help limit the problems.

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Customer reply replied 3 months ago
Thank you very, very much for your help. It is greatly appreciated.

You bet!

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