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Dissmissed charges and background checks

Discussion in 'Hiring, Applications, Background Checks' started by eighty8, Jul 19, 2017.

  1. eighty8

    eighty8 Law Topic Starter New Member

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    Hi, a few years ago I was at a bar watching my brother-in-law play a show, I got in an altercation with a very big man (I am a small girl). He tried to pull me into the bar by my throat as well as my boyfriend's friend. In self defense I did hit him with a plastic bouncer I had in my hand to make him release me. We were asked to leave and so we did. The man went to the ER with a gash and claimed I assaulted him, I did not know this until I got summonsed in the mail. I went to the police station to tell my side of the story and also met with my public defender. After receiving statements of the actual event, and the fact that the man was heavily intoxicated and admitted he did not remember exactly what happened, my public defender presented the information to the DA and the case was dismissed immediately. I am now pursing a degree in social work and have an interview soon and I am very worried this will show negatively on my background check. Is there anything I can do to get this off since it was a false charge? All I am finding about dismissed cases is when one has done what the judge has asked of them, this is not the case for me. My charge was falsified by a belligerent man that had no clue what he had done and why I had done what I did.

    P.S. I know there is no excuse for my actions, but it was self defense, he was close to 300lbs and I am 130lbs. I have learned my lesson and I do not set foot in any bar establishments anymore since this incident.
     
  2. mightymoose

    mightymoose Moderator

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    You should not have any trouble with this so long as you are honest about it and don't try to cover it up.
    Apparently you we never arrested and you were never convicted.
     
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  3. zddoodah

    zddoodah Well-Known Member

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    This is really beside the point. However, as you described what happened, there most certainly was an excuse for what you did. That's exactly what self-defense is: the use of reasonable force in response to an actual or reasonably perceived threat.

    Anyway, it does indeed sound like you were not formally arrested, but what's not clear to me is whether charges were actually filed. As you have described the situation, it sounds like they were filed. However, it strikes me as awfully odd that the DA would file charges based solely on the alleged victim's complaint, without having the cops investigate to get your side of the story. Are you sure that the DA actually filed charges and then dismissed them?
     
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  4. army judge

    army judge Super Moderator

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  5. eighty8

    eighty8 Law Topic Starter New Member

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    That's what I don't understand either! I was never arrested, the police never contacted me for my side of the story, and after I received my summons I went to the police department immediately. Here's my court record of the event if it at all helps, but charges were most definitely filed prior to any contact by the police department.
     

    Attached Files:

  6. eighty8

    eighty8 Law Topic Starter New Member

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    Thank you! So does that mean although the record still shows on the court case records, it does not show as a charge on myself? I have not done a background check on myself, I am just worried whether dismissed or not, an assault charge looks very bad when I am pursuing a career in child safety.
     
    Last edited: Jul 20, 2017
  7. eighty8

    eighty8 Law Topic Starter New Member

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    I do believe the police officer that responded to the man in the ER is his friend, we live in a small town. I think this because almost a year after my dismissal I got pulled over for speeding (oops) and the cop handed me his cellphone through my window, and on the other end was that police officer. He said, "Don't you have a case with us?" I told him no, the case was dismissed! He said, "How was it dismissed?" I told him because it was false accusations and it was self defense. The cop said, "I'll be looking into that!" I said ok, and that was it. I still felt like with all of the bigger issues going on in this town, why are you harassing me over this?! Do you think the police could have pushed along the charges, especially if it was his friend?

    Thank you all for your help, I really do appreciate it!
     
  8. army judge

    army judge Super Moderator

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    Arrest records (mugshot, prints, report, etc..) rarely can be made to disappear.

    The main reason even if the state seals the records, the FBI maintains a vast treasure trove that never goes away, unless the feds put you into the witness protection program. LOL


    You might try using one of the dozens of websites that claim to give you FREE background check info.

    AZ has a couple of state run websites:

    Criminal History Records | Arizona Department of Public Safety

    Public Access Case Lookup

    A well known website charges a small fee, but is very accurate:

    www.publicdata.com
     
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  9. mightymoose

    mightymoose Moderator

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    According to the document you've posted it appears the case was dismissed 2 years ago.

    The court record MIGHT come up in a background search, but the dismissal is in your favor and easily explained.

    When asked in applications you can truthfully state that you were never arrested and never convicted. In fact you never had police contact or appeared in court. This is all good for you.
     
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