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  1. #1

    Default Never Arrested but Pending Charges

    My question involves a background check in the State of: California

    I was never formally arrested for charges of "embezzlement, grand theft and burglary" in the work place. Looks like its in the amount of about 7000.00. I have already attended an arraignment date with my lawyer that i retained with my own (not stolen) money and pleaded not guilty. Any how I have just applied for a job as an admin assistant and they had me start today but last week I did some fingerprint thing called LIVE SCAN where i submit my print to the department of justice and FBI so they can see if I have a criminal background. Since the charges are pending and I was never formally arrested, booked and fingerprinted will my name come up with a criminal background when they run those fingerprints? Again I have never been arrested or booked. I also ran a background check on a paid website and nothing came up on my name. Also should I tell my employer I have pending charges? She never asked, but I figured she might keep me as an employee if my background check does come up with something and I tell the truth. Any info on this will be greatly appreciated

  2. #2
    Join Date
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    Default Re: Never Arrested but Pending Charges

    Quote Quoting sassycali1982
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    My question involves a background check in the State of: California

    I was never formally arrested for charges of "embezzlement, grand theft and burglary" in the work place. Looks like its in the amount of about 7000.00. I have already attended an arraignment date with my lawyer that i retained with my own (not stolen) money and pleaded not guilty. Any how I have just applied for a job as an admin assistant and they had me start today but last week I did some fingerprint thing called LIVE SCAN where i submit my print to the department of justice and FBI so they can see if I have a criminal background. Since the charges are pending and I was never formally arrested, booked and fingerprinted will my name come up with a criminal background when they run those fingerprints? Again I have never been arrested or booked. I also ran a background check on a paid website and nothing came up on my name. Also should I tell my employer I have pending charges? She never asked, but I figured she might keep me as an employee if my background check does come up with something and I tell the truth. Any info on this will be greatly appreciated
    You are opening yourself up to alot of problems. You really need to speak to your attorney about this before you sign your job application.

    First of all, if you are hired now your new employer will find out either from probation, the DA investigating the case or the court.

    Since the type of job you are going for requires a background check I am quite sure you will not be hired if you tell them your current criminal case details.

    Again, you need to talk to your attorney about the BEFORE you accept the new job.

  3. #3

    Default Re: Never Arrested but Pending Charges

    I did talk to my attorney and she stated that if my employer did not ask I should not say anything. When i signed forms for this new job I looked over the paperwork thoroughly to see if any thing on it asked if I have been convicted or am pending conviction, and there was nothing! I am concerned that it might come up later and I would much rather avoid the situation. Any more help?

  4. #4
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
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    1,404

    Default Re: Never Arrested but Pending Charges

    Quote Quoting sassycali1982
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    I did talk to my attorney and she stated that if my employer did not ask I should not say anything. When i signed forms for this new job I looked over the paperwork thoroughly to see if any thing on it asked if I have been convicted or am pending conviction, and there was nothing! I am concerned that it might come up later and I would much rather avoid the situation. Any more help?
    No one can see into the future. Take the job and play it by ear, if you are fired down the line, oh well. If your attorney guided you that way then listen to your attorney.

  5. #5

    Default Re: Never Arrested but Pending Charges

    Thank you i appreciate your input You are right I can only play it by ear

  6. #6
    Join Date
    Aug 2007
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    Default Re: Never Arrested but Pending Charges

    Quote Quoting sassycali1982
    View Post
    My question involves a background check in the State of: California

    I was never formally arrested for charges of "embezzlement, grand theft and burglary" in the work place. Looks like its in the amount of about 7000.00. I have already attended an arraignment date with my lawyer that i retained with my own (not stolen) money and pleaded not guilty.

    You WERE arraigned, therfore you were arrested prior, as they don't issue citation appearances for misdemeanors.

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