Legal Question in Criminal Law in Georgia
felony arrest and background check
i know someone that was arrested on 7/5/05 for a felony theft by taking or theft by receiving stolen property. the person is innocent and has proof of that so they are not to concerned about the trial. however, they are trying to start a new life and find new employment. they have been applying for jobs lately and the arrest has not shown up on their criminal background check. the person was curious as to why so they asked the d.a. he said that the arrest wouldnt show yet because it was ''pending''.(a decison in the ocurts has not been made) what does that mean exaclty. will it not show because they have not gone to court yet or didn't plea? i ask because this person has the opportunity to work for a great company and is concrned about this showing up on their background check. theinterviews went well and so did the drug test.they wont appear in court until later this month.
1 Answer from Attorneys
Re: felony arrest and background check
Hello,
If an employer or creditor or other such entity runs a background check, the pending charge will not show up. If this background check is run by a law enforcement agency, passport agency or other types of security/law enforcement for official purposes then the pending charge will show. The reason that it does not show is that it would be prejudicial to a person. Our country still, in theory, operates on the principle of "innocent until proven guilty". Therefore, if it did show up prior to a conviction or plea then it would be damaging and that is not something that an innocent person should have happen.
Your friend should not go to court without an attorney. He/she may have "evidence" but may not be able to get it admitted without an attorney's knowledge. Think of not having an attorney as going to a gun fight with a knife. Better to be safe than sorry. This is not a video game and there are no "do overs"!!
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