Dismissed Misdemeanor for Hospital Job

[Narrey]

My question involves labor and employment law for the state of: California

Hi, I am recently in the hiring process at a local hospital for a nursing job and am worried about not passing the background check. Two and a half years ago I was falsely arrested on a DV charge. I hired a lawyer and submitted evidence to the courts proving my innocence. The charge was dismissed by the DA during pre trial. I was never convicted of any charges, never had any probation or classes to attend. Despite all this I was still able to get my nursing license a year later and work in a nursing home as a nurse. Now I'm worried I won't pass "hospital" standards. Assuming it comes up, can they deny me employment based on a dismissed case? Will they be able to tell that it was never a conviction vs. a dismissal via a diversion program? Please help!

[Beth3]

I can't tell you what a prospective employer will do but if the charge was dismissed, then it was dismissed. You weren't convicted of anything. There would be a record of the dismissed charge as well as the arrest but employers who use arrest records to deny employment are really taking legal chances. Such a policy can definitely run afoul of EEOC guidelines and some States flat-out prohibit using arrest records as the basis for denying employment.

I strongly suspect you're worrying over nothing.

[tc498]

I would speak to a lawyer about filing a pet ion of factual innocence or whatever it's called, I think you are given paper work that the case was dismissed basically b.c you were innocent. Stuff will still come up but having that paperwork and getting the arrest sealed may help. You should be fine but sometimes an employer sees an arrest and just assume something.

[Foster_Foster]

I should think if you search the state's judicial case system, you'd see what it shows up as. You're also presumably free to pursue expungement of the arrest record.

[LawResearcherMissy]

Foster, expunged records are still available to certain types of employers, including hospitals.

[AZDeputyClerk]

The arrest and charges will appear in the FBI record check. The disposition should show "court dismissed" for anything other than a conviction. That won't tell them whether it was a result of the DA withdrawing the charges or an acquittal at trial, though. They would have to get the disposition records from the court to determine what type of action got the charges dismissed. Worst case scenario would be that they ask you to provide them with copies of the court records. That happens in my field occassionally.