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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default Will a Dismissed Public Indecency Case Hurt Employment Chances?

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

    Three years ago I made a poor choice as I went and checked out an adult theater and walked in a sting.
    18-7-301. Public indecency.
    (1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
    (a) An act of sexual intercourse; or
    (b) An act of deviate sexual intercourse; or
    (c) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
    (d) A lewd fondling or caress of the body of another person.
    (2) Public indecency is a class 1 petty offense.

    I was only there for about 5 minutes before I got a tap on the arm to step outside. Awaiting was law enforcement gentlemen but i said that I did not do anything. They gave me a summons to go to court for a petty offense. The charge was public indecency but they did not tell me what they said I had done. I told them I did not do anything. I got a lawyer and when he got the discovery it was only a short paragraph citing that it looked like I was doing something. It was dismissed. I had to wait until the arranged date in court for the motion where the DA dismissed the case. It was sealed also.

    My question is: Will this disqualify me for any jobs such as teaching, police force, fire department, FBI, working with companies needing a Top Secret Clearance? I currently hold a TS clearance and it has not impacted my current clearance. I was just wondering when I get out of my current job (military) how having this dismissed case will hurt future employment.

    How will employers look at this even though it was dismissed?

    Thanks

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Will a Dismissed Public Indecency Case Hurt Employment Chances?

    The Colorado Civil Rights Division's Guidelines provide that it's discriminatory to ask applicants about arrests and convictions that aren't job related. Employers also may not inquire about sealed records in an employment application or otherwise.

    Those are the guidelines in Colorado. However; if your dismissed/sealed history is picked up on a background check (& it can be), there are usually some employers (including some that you listed) that are exceptions & can ask for further details of your dismissed/sealed history. There are some jobs where a thorough background check is a requirement. I doubt though that your history would be an automatic elimination from consideration of any of the jobs you listed.

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