Arrest, Search, Seizure, Warrant Charges Dismissed, Can employers still see on your record?

[calalily]

My son was arrested twice for misdimeanor possession of pot, but both times the charges were dismissed. Will potential employers be able to see that he was arressted and charged, even though the charges were dismissed? He hasn't been able to get a job and I was wondering if the above could be the reason. Would that keep him from being able to join the military as well? Thank you.

 

[cbg]

Is your son not being called for interviews, or is he getting interviews but not getting the job? It makes a BIG difference to the likelihood that this has anything to do with it.

 

[calalily]

No Interviews

He's not even being called for interviews. He never had a problem getting a job before, but now no calls. The company he previously worked shut down and moved out of town.

 

[cbg]

If he's not being called for interviews, it's about 100% certain that his past record has nothing to do with it. Employers do NOT run records or reference checks before deciding whom to interview; that would be a total waste of time and money. Right now, most employers are getting in some cases a hundred or more applications for every job posting; no one has the resources to check records or call references on all those people. They'll wait until they've done their interviewing and identified the top two or three candidates, and then check records/references on just those few.

If he were getting called for interviews, identified as a viable candidate, but then turned down at the last minute, then there might be a chance that the employers were seeing the arrests, although in many states an applicant cannot be eliminated solely on an arrest that did not lead to a conviction. But if he's not even being called for interviews, the chance that it's because of the arrests is about zero.

 

[calalily]

What's Next? Seal records?

Thank you for your replies. Should I try and have his record sealed? I read elsewhere on this site that is something I (or he, he's 21) may be able to do. That way when and if he is called for an interview and they do a records check, the arrests won't come up. Also, would the dismissed arrests keep him from getting a security clearance? One employer requires a security clearance.

 

[Malibu_Barbie]

Actually, Calalily, if your son is responding to answers on an application form as to any prior "arrests", "charges" or convictions", then I can totally understand your concern. If an applicant states these things upfront, then the employer may disqualify the applicant, especially if its a government position (although they aren't supposed to unless there's an actual conviction which is in violation of government policy for employment consideration). If your son is being disqualified for any other reason, then it would be difficult to prove, and, in my opinion, not worth your time to pursue legal recourse.

In which State do you live? I might be able to help you with the procedures on sealing your son's prior criminal records.