Q: I was never arrested (only called in for questioning) for a sexual assault. DA Dismissed will it show on my record?
I was accused of sexual assault 5 years ago after I had a one night stand and the sheriffs department called my phone and asked me if I could come in for questioning. I went and talked to a detective for approximately 1-2 hours and the detective stated “I don’t think you did anything wrong but I have to send it to the DA”. A few weeks later I was Informed that the DA did not take the case and later learned it was called “DA Dismissed” will this affect my record when apply for jobs? I was never arrested for it just questioned but recently when talking to a background investigator before being approved for my CCW he asked me about it and I stated I didn’t know it was on my record because I was never arrested for it and it never went anywhere. The whole process lasted approximately 2 weeks. Im now in the medical field and before I apply to get hired do I need to disclose that information with my employer?
PS: Both parties were 21 when this took place
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A:
Based on the information you've provided, it sounds like you were never arrested or charged with a crime, but were only questioned by the police. If the District Attorney (DA) dismissed the case without filing charges, it generally should not appear on your criminal record as a conviction or an arrest.
However, there may still be some record of the investigation, even if no charges were filed. In some cases, this information may be accessible to certain employers or agencies conducting background checks, especially those in law enforcement or requiring a high level of security clearance.
For most medical field jobs, employers typically focus on criminal convictions rather than dismissed investigations. However, if the job application specifically asks about any prior investigations or police interactions, you may need to disclose this information honestly.
It's important to note that laws regarding background checks and what employers can ask about or consider vary by state and profession. In California, certain employers are prohibited from inquiring about arrests that did not lead to convictions, with some exceptions.
If you have concerns, it may be helpful to consult with an employment lawyer familiar with California laws to better understand your rights and obligations when applying for jobs in your specific field.
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