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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Out Of State 3 Year Old Case

    My question involves criminal law for the state of: California, Orange County Recently graduated from Grad School, I am applying for jobs. A temp job was offered to me, where upon accepting the offer, the background check informed the prospective employer (and myself as I was totally unaware of the case) that there was a warrant for my arrest (put out in 2005) based on failure to appear. 2 additional charges are labeled misdemeanors. I have never resided in CA and the incident is isolated, and occured while on vacation. I moved shortly thereafter (from IL to IN), perhaps disrupting any follow up paperwork mailed out to me. The incident involved an over-zealous officer and my boyfriend and I having an argument in public while a bit tipsy. The charges are obscene: Assault and resisting arrest!

    No longer moving forward with the temp offer, I have another job offer for full time work on its way. I have an attorney, but he doesn't know how long it will take to remove the warrant from the database, nor how long it will take to reduce/remove/resolve the charges. He is confident that it won't go to trial and the warrant will be recalled sooner rather than later. What can i expect in terms of timelines...a future job is on the line (one which requires a bkgrd check as well)? In your experience and considering the very brief explanation, can I tell the HR person about the pending case confident that its imminent resolution with confidence that it will be resolved within the a reasonably short period of time?
    All in all, this is bad timing!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Out Of State 3 Year Old Case

    First, it is disngenuous to blame an "over zealous" officer for your public display that resulted in the police being called. Your actions or the actions of your partner resulted in the police involvem,ent, not the officer.

    Second, the warrant did not occur in a vacuum - YOU failed to show for a court date that you were scheduled to appear for.

    Third, your attorney may be a tad optimistic if he thinks he can get the whole thing dropped or reduced without your appearance. I suppose that under the right fact set, this could happen ... but, that would be the exception and not the rule.

    You can tell the HR person whatever you want, but you have no way to know how long it will take to resolve the matter. You can certainly relate what your ATTORNEY claimed, but you should make certain that your attorney will back this claim before you tell a prospective employer what your attorney told you.

    Good luck.

    - Carl

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