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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3197
Experience:  LL.B (Hons)
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I am in process of applying for a job that requires me to

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Hi, I am in process of applying for a job that requires me to answer govt Security Clearance vetting questions; there is a section in Criminal convictions including cautions and, most significantly, any pending actions. I have an upcoming court appearance for Assault by Beating after a dispute with my now ex-partner. Should I declare this?
JA: Where are you? It matters because laws vary by location.
Customer: Windsor area
JA: What steps have you taken so far?
Customer: requested details of any held on PNC, but that can take up to 4 weeks and obviously I can't delay until I get a response
JA: Anything else you want the Lawyer to know before I connect you?
Customer: *any info held

Hello my name is ***** ***** I will be the expert assisting you with this matter today

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Thank you

Thank you for your question. The answer is yes, a "pending action" is a potential conviction which has a court date but has not been heard yet. So if you have been charged with this but have yet to appear in court then the action is pending and should be declared accordingly. If you do not declare it and the employer later finds out about it then you could potentially be dismissed for gross misconduct. I do wish I could give you better news but I hope it doesn't affect your employment and wish you the best with this moving forward.

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Many Thanks

Ross

RJM Law and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thnks Ross, I have a further question, if they check the PNC, what will they see, eg the details of the charge, or just the date and court to attend?

Only valid charges would show up, as you have not had a decision on this matter yet it won't. Also I don't beleive that PNC will show any court dates no. All court proceedings are public so if they search then they could find it but to be honest it would be arbitrary for an employer to do this.

Customer: replied 1 year ago.
Would a previous court appearance where a similar case was dismissed appear in that case

Not if it was dismissed.

Customer: replied 1 year ago.
That's really helpful thanks for the quick response