Legal Question in Criminal Law in Massachusetts

Disposition and background check

25 years ago I was arrested for possesion/transporting alcohol. I'm not certain of the official charges and case disposition, other than my attorney had worked ot an arrangement so that when I appeared before the judge, he said that it will be ''as if it never happened.'' I don't know if it was dissmissed, expunged or sealed. I know I never was found or pleaded guilty.

Now I'm applying for a coaching job at a public school in FL, which I will be subject to finger printing and an FBI background check. I understand schools are able to ''see'' all public records.

Will this incident show up? If so I will need to disclose on the employment application, even though I am uncertain of the actual charges and case disposition.


Asked on 1/13/05, 9:11 am

2 Answers from Attorneys
George Davis Law Office of T. George Davis, Jr.

Re: Disposition and background check

I assume that this incident occurred in Massachusetts. Unfortunately, it is impossible to answer your question without knowing the disposition of your case. You need to get that information. Try checking with the probation office associated with the court where the case was disposed of. They should be able to pull a copy of your record and tell you what the disposition was.

I see that another attorney has advised you to disclose this information, because she says she would always disclose minor charges such as these. With all due respect to that attorney, I do not necessarily agree with her position. If, in fact, the position you are applying for is hotly contested by comparable candidates, any negative factor on your record may cause the employer to eliminate you from the competition. Although I do not know the circumstances of this particular job search, it would be a pretty drasctic result if you lost out on the job simply because you divulged this information.

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Answered on 1/14/05, 9:19 am
Valerie Masters Valerie Masters, P.A.

Re: Disposition and background check

I would always disclose on such a minor incident.

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Answered on 1/13/05, 11:47 am


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