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How quickly will pending charges show up on court background check?

On Lawyer & Legal » criminal law & procedure

3,715 words with 1 Comments; publish: Sun, 12 Jul 2009 10:55:00 GMT; (800124.02, « »)

Hello,

I'm from VA and was given a Class 4 Misdemeanor citation for possession of an open container in the City of Virginia Beach last Friday night. I have an expungement hearing this Wednesday morning in another county in VA for a different case that has lasted almost 2 years. I guess technically I'm on probation, as if my record is not spotless when they run my background check, I will be found guilty of the original offense. I was given 6 extra months for "bad behavior" due to a speeding ticket already, so there's no leniency. However, my friend had a pending reckless driving ticket that did not show up at our previous hearing. So, when my file is run, what are the chances that this new accusation (not conviction) shows up? Thanks

P.S. My lawyer completely sucks but I'm stuck with him at this point.The state is: ?

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    • Quote:
      === Original Words ===

      Hello,

      I'm from VA and was given a Class 4 Misdemeanor citation for possession of an open container in the City of Virginia Beach last Friday night. I have an expungement hearing this Wednesday morning in another county in VA for a different case that has lasted almost 2 years. I guess technically I'm on probation, as if my record is not spotless when they run my background check, I will be found guilty of the original offense. I was given 6 extra months for "bad behavior" due to a speeding ticket already, so there's no leniency. However, my friend had a pending reckless driving ticket that did not show up at our previous hearing. So, when my file is run, what are the chances that this new accusation (not conviction) shows up? Thanks)

      If I was a psychic, I could possibly provide you an answer to this question. If I was going to guess I'd say that if you are on informal probation, it probably will not show up yet.

      Simply because it's not a conviction at this point, only a citation. But of course, anything is possible.

      Additionally, if you are going before the judge to have an older case expunged, he/she will most likely ask you if you've been arrested, stopped and issued a citation or had any negative law enforcement contact recently, or during the time you were on probation.

      So how do you plan on answering this type of question? Lying to the judge could end up causing you more trouble than the open container can.

      Maybe the judge will find out and maybe not. So it's up to you if you want to roll the dice or not.

      Quote:
      P.S. My lawyer completely sucks but I'm stuck with him at this point
      Why do you think your lawyer sucks? It sounds like the attorney got you a deal which will keep your record clean and the charges will be expunged after a certain amount of time if you can simply stay out of trouble for that time.

      Then you received a speeding ticket, violating the terms of your plea agreement. But you were still given another chance, only your probation time was extended for six months.

      Now, a week before the old case is expunged and you're off probation, you decide to walk around in public drinking an alcoholic beverage. Just couldn't wait that one additional week before you started breaking the law again huh?

      So, I would say your attorney is stuck with a client who sucks at keeping his end of an agreement.

      #1; Sun, 12 Jul 2009 20:11:00 GMT