Announcement

Collapse
No announcement yet.

concerned about criminal background check

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • concerned about criminal background check

    Hello,
    I am a US permanent resident...
    3 years ago i got 2 tickets(one for open container and the other was possesion of cannabis) in Richmond, Virginia. These were Class 4 midemeanors that were first offenses and the outcome was "nolle prosequi"....since then i've graduated from college and i'm really concerned about when i'm applying for jobs in USA, currently in North Carolina, will it come up that i have a criminal record when companies do a background check on me??....and if it does, because the outcome was nolle prosequi would that work to my advantage?....i really appreciate any advice

    kind regards,
    worried 25 year old female trying to find employment

  • #2
    Hello,
    I am a US permanent resident...
    3 years ago i got 2 tickets(one for open container and the other was possesion of cannabis) in Richmond, Virginia. These were Class 4 midemeanors that were first offenses and the outcome was "nolle prosequi"....since then i've graduated from college and i'm really concerned about when i'm applying for jobs in USA, currently in North Carolina, will it come up that i have a criminal record when companies do a background check on me??....and if it does, because the outcome was nolle prosequi would that work to my advantage?....i really appreciate any advice

    kind regards,
    worried 25 year old female trying to find employment

    Comment


    • #3
      These were both misdemeanors, right? Normally, you'll only have a problem securing employment if you are convicted as a felon - don't think that's your case.

      Comment


      • #4
        mysticblu, This will always come up on your record as long as a background check is perform on you. It is like your Social Security Number it will never change(4LIFE). My suggestion is to get a Court Certified Copy of the Dispositions and always keep them with you in case it is needed. I know for certain any immigration benefits you will be applying for now or in the future they will definitely want to see your dispositions especially when you are renewing your Green Card or applying for Citizenship. In the meantime please stay out of trouble, one more misdeamanor and INS/ICE will definitely Visit you whether you are at home or in prison. Then they will lock you up seperately. Good Luck..."God Bless America.".....Speedy

        Comment


        • #5
          MysticBlu: Your trouble is more likely with USCIS, rather than with a potential employer.

          Comment


          • #6
            Thanks everyone for your advice. I just wanted to know whether at the time of getting a charge, like a misdemeanor, if that person was not fingerprinted...does that stil mean they have a criminal record? In my case i was not fingerprinted, and i was not fined any penalties/fees....i'm really concerned about what would come up if a criminal background check was done on me?....and whether i'd be discriminated when applying for jobs?...For the past 3 years i had always thought that because the disposition of my charges had been "nolle prosequi" then they had basically been dismissed and that i don't have a criminal record. Am i incorrect? Even if i'm incorrect, is it not more to my benefit that the outcome of my charges had been nolle prosequi than just guilty??

            kind regards,

            Comment


            • #7
              Nolle prosequi is entered in court by the prosecutor unwilling to pursue the charges. It's not a "disposition". The judge decides the outcome of the case and normally in this situation he or she will dismiss the case with predjudice - meaning it can no longer be brought against you in court.

              If that is the case - then you don't have a "criminal record" at all. However, the information about your arrest stays on the books and will be discovered in records check. Most states have a procedure of sealing of the records in situations where the criminal case was dismissed with prejudice. The procedures vary but generally you have to petition the court to seal your arrest records to the public. Call the court where you appeared and ask how to seal the records or completely expunge them. They'll tell you how to go about it. Once the records are sealed or expunged nobody (except law enforcement and other government agencies) can access your records. Any criminal record check will result in "no criminal records found" reply.

              Good luck.

              Comment


              • #8
                Dear Verbalist,

                Thank you very much for being informative about what nolle prosequi means in my case.

                kind regards

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
                  These were both misdemeanors, right? Normally, you'll only have a problem securing employment if you are convicted as a felon - don't think that's your case. </div></BLOCKQUOTE>


                  Depends on a state she is applying in and industry as well. In Ny state, some companies don't want any employees with any criminal records.

                  Comment

                  Sorry, you are not authorized to view this page

                  Home Page

                  Immigration Daily

                  Archives

                  Processing times

                  Immigration forms

                  Discussion board

                  Resources

                  Blogs

                  Twitter feed

                  Immigrant Nation

                  Attorney2Attorney

                  CLE Workshops

                  Immigration books

                  Advertise on ILW

                  EB-5

                  移民日报

                  About ILW.COM

                  Connect to us

                  Questions/Comments

                  SUBSCRIBE

                  Immigration Daily



                  Working...
                  X