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Record from a Felony Theft Charge, Dismissed with Prejudice

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  • 11-26-2008, 11:09 AM
    IndianaMom
    Record from a Felony Theft Charge, Dismissed with Prejudice
    My question involves criminal records for the state of: Indiana

    In 1998, I was charged with and arrested for theft at my place of employment, which carried a Class D felony charge.

    I had/have never been in trouble - ever. My attorney was appauled at the basis of the charge, the investigation, etc. There was a lot of political 'stuff' going on at the time and basically I was run through the mud because someone had to 'take the fall'. It's truly a riduculous story and I won't bore you with it, but I was innocent and knew I had to fight the charges.

    Finally, in April 2000, after fighting for 1.5 years, my former employer admitted he had lied and the case was dismissed with prejudice.

    Now... on an employers application, I honestly answer that 'no' I have never been convicted of a felony. But when it asks if I've ever been charged, I have to say 'yes' unfortunately.

    From what I can find, Indiana doesn't have any good way of expunging the charges against me.

    Are there any other options? I was wrongly accused and most employers can't get past the 'yes' answer that I feel I have to give.

    How far back does a background check go in the state of Indiana?

    Will a background check show that I was innocent or simply 'dismissed'?

    Thank you in advance for any help!
  • 11-28-2008, 05:00 PM
    aaron
    Re: Record from a Felony Theft Charge, Dismissed with Prejudice
    If you were arrested and charged, with the charge eventually dismissed, that's what you should expect to appear on your criminal record. You should not expect any indication of innocence.

    Read this. According to Indiana Legal Services "You can have an arrest expunged if ... You were arrested and criminal charges were filed, but all criminal charges were dropped because ... no offense was actually committed". What's the impediment to your pursuing expungement on that basis?
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