i was charged with illegal consumption and a paraphernalia charge when i was a minor, i pleaded guilty. i was told by the states attorney that since i was a minor that these charges would never show up on my record and that they would be charges, not convictions. i applied for this position and they pulled up a background check. i told them that i had not been convicted of anything. long behold the background check pulls these up saying i was charged and plead guilty. the employer says i have to get ahold of the courthouse and prove that i was not convicted of these charges. how do i go about doing this? it was in christian county, Il.
3 Responses to “background check pulled up 2 charges i wasn’t convicted of in illinois as a minor?”
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If you pleaded guilty, you were convicted. Your question makes no sense, and I can only conclude that you have your facts wrong.
Serves you right for lying.
It depends on the job. Contact a lawyer in your state. This not a good place for legal advice.
If the record is, in fact, incorrect you hire an attorney to file a petition in the county courthouse where these charges were heard. If any agency failed to properly seal or expunge the records, they would need to be named as a party to the action. The court will review the applicable law and advise them to seal the records. That being said, there are two problems you may not realize: (1) a sealing or expungment does nothing to private records; and, (2) the job might fall into an exemption from the sealing or expungment law of your state.
The first issue that people fail to realize is that sealing or expungment doesnt correct private records and there are companies that compile databases from public sources. They are not required to remove their correct records unless you can figure out a legal cause of action. Most sealing/expungement statutes don’t address private databases. Second, most sealing/expungment statutes have an ever growing, ever increasing list of jobs that you do have too disclose to. Quite possibly your job falls into one of those categories.
Bottom line, no matter what you do, you were arrested and convicted, so you will never obtain an order stating it is inaccurate. Likewise, no matter what, the employer has every right not to hire you based on that arrest.