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Domestic Abuse Case Dismissed... STILL ON RECORD!?
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Domestic Abuse Case Dismissed... STILL ON RECORD!?

I have a friend that was charged with domestic abuse he was arrested, and he went through the processing and what have you.. but when he went to court the judge just dismissed the case. That happened about February '08. He just recently got a job but because of his criminal record they could not let him work for them.. Now he was under the impression that because there really was no case against him and the case was dismissed it wouldn't be on his record... is there something he can do to get this off his record.. is there anything he can do? please any advice would help.


    

laughter_every_day
Rating
The official records will continue to show an arrest and a charge, because that much is true. The records will also show the dismissal but there are some employers that either do not know how to read the records or don't care about the difference between an arrest and a conviction. He cannot get an order to destroy the accurate records showing the arrest and charge and dismissal, so all he can do is to try to educate the potential employers.


svmainus
It will always show up but should show up as "dismissed". In that case no employer is permitted to not hire him based on that particular hearing. Unless there are other charges on his record somewhere he really is being treated unfairly. He should start (if they specifically told him this is why he wasn't hired) by faxing or mailing to them the actual "dismissal" from the court records which he should have a copy of and noting that he was never charged with anything. I reiterate however this is if he KNOWS as a fact that is why they didn't hire him. (you said he was just 'under the impression') Most court hearings are public record and they all show the outcome. They should really be able to SEE that the case was dismissed. But if he is sure that is why he wasn't hired and that is what they specifically said to him then he can prove that easily enough. If they STILL say they aren't hiring him stricting on that case - (dismissed or not) then he COULD go to his local Legal Aide or attorney and file a case against them, however it would be hard to prove that is why they didn't hire him unless he has that in writing. I think (personally) he would be wasting his time.





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