I get this question Every. Single. Day. Look, I get it, you are embarrassed about what you are going through. You do not want people to know about that DWI that you are dealing with. Or that Misdemeanor Assault. You do not want your employer to find out about it and you certainly do not want your Mom finding it. So, will they see it?
Believe it or not this is a simple and complicated question at the same time. In the practice of law there are a lot of moving parts. Some of those moving parts are easy to predict and some are much more difficult. I am going to start with some broad statements that are generally true and then move into the specifics on what my experience has shown.
The first undeniable truth that you will need to accept is that we live in a digital age. Everything is recorded and placed on the web. Some things are easy to find and some things are very very hard to find, but they are out there. So, the first thing that you will need to consider is who is looking and how hard are they trying to find something. There is a FBI list called the NCIC. This is the National Crime Information Center which is a computerized database of documented criminal justice information available to virtually every law enforcement agency nationwide, 24 hours a day, 365 days a year. If a cop pulls you over, this is one of the things he or she is checking on back at their car. That list shows every arrest, plea and conviction on your record. So if you have been arrested for an assault on law enforcement officer in the past, even if that charge never went anywhere, the cop IS going to treat you different. But Grandma is going to have a hard time finding you on the NCIC.
The second issue is casenet. You can find that here: Casenet. This is going to be where every person charged with a STATE offense will be shown. (example: State of Missouri v. John Doe). Whether it is a speeding ticket to a DUI to a murder charge, you are going to be on here. People get confused about this in regard to being charged in Greene County. This is considered a State Charge. Some municipal charges are on casenet as well. That depends on the City. For instance, Springfield Municipal is NOT on casenet, but the City of Nixa is on there. You may eventually come off of casenet if you receive a SIS or you win your case at trial. Additionally, there is a very rare thing that can be done at the discretion of the Court which would change the clearance level of those that can see you on casenet. That rarely happens in Criminal Cases and is more likely in the Family Court setting.
The third issue is all the mugshot websites. This is a hard one. Every time you pull one down it seems that a new one pops up. If money is not an issue, go ahead and spend away to have these pictures pulled down. I have a hard time telling my clients to do it because your picture will roll off the front page in a few hours. After that, you can look people up by their last name, but the websites are so bad it takes forever to even pull up the picture. It is your money and you can spend it how you want. I DO know that if I call as an attorney to pull your picture down they charge me more than they would charge you to do it yourself.
The fourth issue is going to be your driving record. Anyone with $8 and clearance through the State of Missouri can order your driving record and find every speeding ticket and DUI and administrative action you have. There is no protecting against this, but know that Grandma will likely not have that ability. Jobs on the other hand will...
Will your employer see the criminal charge? I do not know for sure. Why are they looking? Are they looking for a reason to let you go? Then they will find one and it does not have to be for this. Are they looking because their insurance needs an update on your driving record? They will find any driving offense (including a DUI) with a driving record.
We will talk more about background checks for jobs and applications in the future blog. Please check back for more helpful and interesting facts dealing with you or your family member's criminal case.
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