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Is the "controlling issue" in a criminal conviction reported by a court the arrest, initial charge, or amended charge?
Anonymous9 views5 answers
I actually initiated a question about this last week. Thanks for all responses. The Virginia General District Court Online Information System reflects my arrest for petit larceny, the initial charge pursuant to that arrest, and the amended charge of trespassing to which I pled guilty. That source was used in a recent criminal background check for a possible job. The report did not mention the trespassing charge. I believe this is unfair and prejudicial to my interests in terms of employment prospects, for obvious reasons. My court appointed attorney tells me I can't do anything about it because the controlling issue is the arrest, not the final charge. That doesn't seem right. Do I have any chance of successfully challenging this and having the arrest and initial charge sealed?
Your attorney is correct. Your record will show the original charge (petit larceny) as well as the charge to which you ultimately pled (trespassing). Anyone who looks at your record should be able to distinguish between the two. It may also help with prospective employers to get out in front of the issue and explain what took place, why the charge was ultimately reduced, and why you pled. If the record an employer looks at does not reflect both, it might be worth your time to get a complete copy for your records for this very purpose. As far as "challenging" the way your criminal record is displayed, that is not possible. The charge will also not be "sealed," which only takes place if the defendant is a juvenile (I am assuming you are an adult).
The arrest and court record is a "matter of public record". It will not be sealed as there is no mechanism for it, assuming you were an adult at the time. Trouble getting a job because of an arrest is an all too common problem. It sounds like the "reporting company" didn't bother to check the disposition. That is the fault of a private "record check" company not the state. It could be expunged if you were granted a pardon by the governor, an extremely rare event.
Successfully challenge?? What do you really want?? The record has been corrected; what do you want??
There is no mechanism in Virginia to "correct" a record except expungement with strict guidelines for it. What is to prevent all of the internet services now from repeating the garbage on the internet?? You want to spend how much to correct a record that has validity. Your best bet to protect yourself and have the paperwork which will disprove any crap or other items on the internet. Other than that, get the Virginia General Assembly to pass legislation to correct records, which will have NO effect in other states. Good luck.
Your best bet in the future is to get a certified copy of the order (or warrant) that shows it was amended. You can't change what the court system shows. A court speaks through its orders not any type of online record. If they don't get that, you can't make them. Move on to another opportunity. But paperwork should help.
