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
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.
Panicking in SC