Having a Background Check Issue

[MonikaR]

Hello,
I am having trouble finding work due to an issue with background checks. I have a few charges stated on my background check that are PENDING, not convictions. I currently have 2 misdemeanor 3 Unlawful Sexual Contact, which are just going to trial by end of this month, start of December. And a felony 3 Retaliation. All three are are based on the same incident/issue.
1) Is it legal to have those on my record even though they aren't convictions? and if not, what do I have to do about removing them. 2) Is a prospective employer allowed to discriminate (not hire) someone who has only PENDING charges? I do understand certain employment (around kids, adults in a caretaker-like position) may be an issue, but should it be an issue for any employment.
My Thanks.
Monika

 

[presutin]

What state are you in?

 

[MonikaR]

state

Sorry,
I live in Colorado. I thought I had that info put in the thread.

 

[maltease]

Having Background Search Issue

I am having trouble finding work due to an issue with background checks. I have a few charges stated on my background check that are PENDING, not convictions. I currently have 2 misdemeanor 3 Unlawful Sexual Contact, which are just going to trial by end of this month, start of December. And a felony 3 Retaliation. All three are are based on the same incident/issue.
1) Is it legal to have those on my record even though they aren't convictions? and if not, what do I have to do about removing them. 2) Is a prospective employer allowed to discriminate (not hire) someone who has only PENDING charges? I do understand certain employment (around kids, adults in a caretaker-like position) may be an issue, but should it be an issue for any employment.

A background search of criminal records can turn up anything that you have been charged with, or even arrested for. Then, you are protected by the Fair Credit Reporting Act, which also applies to employers. The FCRA makes employers tell you why you were denied the position, and tell you where they got the negative information. That gives you a chance to refute errors. The only way to get the info removed is if you are found innocent, have the charges dropped, or the conviction expunged. However, with multiple serious charges, expungement is probably not possible. Also, employers are particularly negative about hiring someone with a sex related charge or conviction. If you have charges pending, that means you could go to jail in a few weeks. So most employers will not hire you until you resolve the charges. It is much easier, safer, has less liability if the employer just hires someone else. So, the important thing is to concentrate on resolving those charges, or doing the time, so an employer knows you will be able to show up for work.