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  1. #1
    Join Date
    Mar 2011
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    4

    Default Employment Opportunities After Dismissed Battery Charges

    State of Indiana

    I was charged with battery a couple of years ago and was able to get a diversion agreement to withhold judgement on my case. The diversion agreement was a year long and had several stipulations, which I completed in full. After my year was up for the diversion agreement my battery charges were dismissed. There was no assrest involved in this case and no conviction thanks to the diversion.

    I am about to graduated from college and just received a job offer. The employeer will be preforming a background check 30 days out from my start date. I am nervous how my record will impact this offer. Can anyone tell me if my past can prevent me from getting the job?

    Thank you for your help.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    15,992

    Default Re: Employment Opportunities After Dismissed Battery Charges

    Have you checked your record yourself to see what's on it?

    Not all background checks are the same - and what one employer will overlook, another may decide is a deal-breaker. No one here can predict how any employer will react.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,169

    Default Re: Employment Opportunities After Dismissed Battery Charges

    CAN your past prevent you from getting the job? Yes, it can.

    WILL your past prevent you from getting the job? No possible way to say.

  4. #4
    Join Date
    Mar 2011
    Posts
    4

    Default Re: Employment Opportunities After Dismissed Battery Charges

    Thank you for the replies. They are an EEOC company so I wasn't sure if there are any laws that protected against using a charge that resulted in a non conviction to deny employment.

    I have been consistently checking the local court records online to stay current with what my record states. After my completetion of the diversion agreement the online record shows that all charges were officially dismissed.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,169

    Default Re: Employment Opportunities After Dismissed Battery Charges

    Criminal convictions are not a protected characteristic under the EEOC. Some states have laws that limit an employer's right to discriminate based on arrests or certain convictions. No employer is required to hire you.

  6. #6
    Join Date
    Mar 2011
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    4

    Default Re: Employment Opportunities After Dismissed Battery Charges

    Quote Quoting cbg
    View Post
    Criminal convictions are not a protected characteristic under the EEOC. Some states have laws that limit an employer's right to discriminate based on arrests or certain convictions. No employer is required to hire you.
    As much as I appreciate the help provided by people on this website, I don't appreciate your condescending remarks. I know no employer is requred to hire me and I know my past can prevent me from getting the job. If you would like to provide some advice that directly answers my questions, I would be more than happy to listen.

    I was charged with battery, but after completion of a diversion agreement the charges were completely dismissed. I was never convicted of battery but I know it will definitely show up in a background check that is going to be preformed by my potential employer. I already have a job offer from this company and the only thing standing in my way is this background check. I will rephrased my quesiton with thanks to cbg.

    Can a company in the state of Indiana legally discriminate based on charges that were dismissed?

    Thank you for your help.

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,992

    Default Re: Employment Opportunities After Dismissed Battery Charges

    cbg isn't condescending at you, she's clarifying the EEOC position on the matter. If you look around, you'll find that you're not the only person who has asked this sort of question, and you'll also find that the majority of people will keep slightly rephrasing the question in the hopes of getting the answer they want, rather than the answer that is correct. Clarity saves the volunteers here the endless repetition of "But what if..."

    Yes, employers in the state of Indiana may decline to hire you due to your arrest record.

    You might consider looking into getting your record expunged, since there is no conviction and the charges show as dismissed. I'm unclear as to how your diversion program may affect eligibility for expungement, you'd do well to consult an attorney.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  8. #8
    Join Date
    Mar 2011
    Posts
    4

    Default Re: Employment Opportunities After Dismissed Battery Charges

    Hahah she was being very condescending. I know I made a mistake and I have learned from it, I am not posting on this site to have someone tell me again. I keep rephrasing my question because no one has answered it, there is no "but, what if...". Like I said in my original post, I WAS NOT ARRESTED.

  9. #9

    Default Re: Employment Opportunities After Dismissed Battery Charges

    You may not have been PHYSICALLY arrested, but if you were charged and brought before the court, regardless of how you GOT there, you WERE arrested for purposes of the law.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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