Can a assault case stay open for ten years and never gone to court and stay on your background check?
never gone to court hadnt heard anything since that time and hadnt had anything on record until this date
Answers:
This answer applies in the USA only: If it never went to court, it wasn't a case, was it? If your were arrested for assault, did they write you a ticket, or did they take you to jail? If they wrote a ticket, it had a court date on it. If you did not appear, then you have a bench warrant out for Failure To Appear. If you went to jail other than a holding cell in the local police station, then at some point you must have appeared before a judge. This can even be on a closed circuit TV in the police station. In any case, see a lawyer, check if your violation appears on police records, and if so, get it removed.
The 'case' won't still be open, and most police data bases last for 7-10 years. If you were NOT convicted of a crime, then something that happened 10 years ago should not show up there.
One thing you'd be surprised to know, though, is that every single time you even TALK to the police, it goes in a database. (So watch what you say! :)
If you were arrested the record of the arrest will appear on your background check. If there has been no disposition my suggestion would be to approach the reporting unit (local police, local district justice) and ask them to amend their data to reflect the disposition (charges withdrawn, never adjudicated). This way the arrest can appear, but with an explanation that will answer the question before it is asked by a potential employer.
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