Legal Question in Criminal Law in New Jersey
charges
If charges were filed against an individual and then dropped, will they still show up during a background check?
3 Answers from Attorneys
charges
Such charges, even though dropped, will continue to show up for the rest of the person's life, unless the charges are "expunged." For information concerning expungement of charges, see http://www.NJExpungements.com.
Re: charges
Definitely maybe. It depends on what you mean by charges being "filed", and what you mean by the charges showing up.
The charges are not generally reported in a computer data base unless they are supported by fingerprinting and photograph. So unless the subject is actually arrested and booked, there is not usually much of a record.
In any event, an arrest which is not followed by conviction may be expunged, which means that the New Jersey Supwrior Court will order the arresting agency, the New Jersey Attorney General, the County Prosecutor, the local Municpal Court, and it's own officers to seal the record, and not permit it to be generally disseminated. Dissemination of an expunged record is a disorderly person offense.
Re: charges
As the other attorneys indicated, they probably will depending on how the check is conducted. I suggest getting an expungement.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
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