Results 1 to 2 of 2
  1. #1
    Join Date
    May 2009
    Posts
    1

    Unhappy Wrong Charge Showing Up On a Background Check

    My question involves a background check in the State of: South Carolina.

    I am actively seeking a career as a Paralegal. In 2003, I was charged with Public Disorderly Conduct. A little case history... I was not drinking... in the wrong place at the wrong time; picking up my girlfriend, we were to be in a wedding the following day. Unfortunately, words were exchanged between two young men, and a fight broke out. I was trying to leave, when the police entered the building. I saw the officer grab the boy, taser him, and handcuff him. The boy fell to the floor, begging and screaming, "No, please no." I was horrified, when I witnessed the boy’s body arching and convulsing again and again. I realized the officer continued to taser him. I could not believe what I was seeing, and I became loud, and verbal, but no profanity. Long story short, I was arrested for “Public Disorderly Conduct”. I was so adamant about what I had witnessed -- I asked for a jury trial.

    Before the trial began, the Solicitor addressed the charge to the Court....
    SOLICITOR: “Your Honor, if it
    pleases the Court before you swear
    the jury I would like to take up
    matter with the Court.
    THE COURT: Okay. Solicitor?
    SOLICITOR: It’s just that the
    ticket charge is 16—17—530. It
    says, “Public Drunk.” It is
    technically public disorderly
    conduct which is consistent with
    16-17—530. And that is the actual
    charge. I wanted to make that
    clear inasmuch as what you have
    stated to the jury said, “Public
    Drunk.”
    THE COURT: "All right. Yes, sir. Okay. For the record, then, the Defendant is charged with public disorderly conduct, and he is charged under 16-17-530."

    I have great respect for the law... also, someone's constitutional rights. The officer was untruthful to the jury, and stated that I would not leave the suspect alone, and that I interfered with the arrest. That was the furthest thing from the truth. I would have been scared to death to approach them. Oh well, the jury found me guilty, and I was fined $250.00, or 30 days. I paid the fine.

    16-17-530 is an unclassified misdemeanor, and my record should read:
    (Charge Code 0612 - Public Disorderly Conduct).

    When I applied for employment, w/temp. agencies.... I had great responses... very interested. I would then fill out the app./background check... would not hear anything else. I couldn't believe this was happening. I was completely honest, and HR said, "No problem." I tried again... same.

    I then pulled my criminal history. ... I found, I am charged under Statute 56-5-3270,
    (Charge Code 2787 - Pedestrian / Pedestrian, under influence of alcohol or drugs, upon highway)

    I need to work. I have brought this to the attention of the attorney that represented me -- 3 weeks ago, but I don't think he realizes how important this is to me, and what it is doing to my survival. I have been going through 6months of rejection from employers. I feel this charge should be changed right away. I don’t feel I should have to wait. I have missed some good job offers, not to mention what it is doing to me psychologically.They seem so interested, and then nothing. Can anyone give legal advice? I need this changed. I can explain away “Disorderly...” but not-- “Under the Influence of Drugs or Alcohol, Upon Highway.”

    I looked this charge up/ three people were charged under C-Code 2787 --“Under the Influence...” in SC last year and under C-Code 0612—“Public Disorderly Conduct,” 546.

    Thanks,
    Panicking in SC

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Wrong Charge Showing Up On a Background Check

    I have brought this to the attention of the attorney that represented me -- 3 weeks ago, but I don't think he realizes how important this is to me, and what it is doing to my survival.
    If the attorney who represented you is not willing to take steps to have this corrected, you need to get a different attorney.

    I do not believe this is an error you can fix yourself.

    1. Sponsored Links
       

Similar Threads

  1. Background Checks: Expunged Record Still Showing in Background Check
    By LostDirection in forum Employment and Labor
    Replies: 10
    Last Post: 05-02-2011, 05:40 PM
  2. Expungement and Sealing: Expungement Not Showing Up on Background Check
    By gsrcivic in forum Criminal Records
    Replies: 7
    Last Post: 11-11-2009, 05:14 PM
  3. Background Checks: 5250 As Minor Showing Up on Police Background Check
    By Themarine in forum Employment and Labor
    Replies: 3
    Last Post: 10-22-2008, 08:01 AM
  4. Criminal Records: Juvenile Record Not Showing Up on DOJ Background Check
    By jasonmmiller1975 in forum Criminal Records
    Replies: 1
    Last Post: 10-03-2008, 04:10 AM
  5. Retail Fraud / Shoplifting: Concerned About Conviction Showing Up On A Background Check
    By ruse in forum Criminal Charges
    Replies: 4
    Last Post: 03-26-2007, 08:03 PM
 
 
Sponsored Links

Legal Help, Information and Resources