Vehicular Assault - Innocent Until Proven Guilty?

Hi Alyse,

I been looking for a job for over a year, I make it past the first interview but it doesn't get past a background check. I checked my references and they were fine and then I checked my background and found out that there were all these charges on there. A year ago I accidentally rolled over someones foot with my car and was charged with Vehicular Assault - I swerved to avoid another car in the mall parking lot and that's how I ended up rolling over her foot. The person who I was avoiding of course drove away and the woman whose foot I ran over conveniently doesn't remember why I swerved. I thought I was innocent until proven guilty so why are these charges on my record? This thing snowballed, the case is pending so I can't get my record expunged - what do I do?

Charged in Austin, TX

Hey Charged,

This is tough, you would have to speak with your attorney about how you can go about removing this information from your record. Unfortunately, the idea that you are Innocent Until Proven Guilty is simply not the reality of the world in which we live. The term is not a codified nor explicit "law" - in the United States the idea behind the presumption of innocence is held to "follow" from the 5th, 6th and 14th Amendments of the Constitution. Even the idea of presumption does not prevent the information from appearing on a background check and being used against you. In addition, charges like "vehicular assault" simply don't read well. When you go into a job interview, if they request that you fill out a form authorizing them to conduct a background check, let them know that you had a car accident a year ago and someone was hurt accidentally - the case is being resolved in court and while you are sure it will be resolved in your favor, they will find information related to the case on your background. Be sure to let them (assuming it is true) that you have no obligations related to this case that will make it difficult for you to complete all the duties the job requires and that you will not need time off because of the case. Find out now what you are going to need to do in order to remove this information from your record so that you can start the process as soon as possible. You might have to go a few more job interviews but you will find greater success being upfront.

A. Fox


When they took the fourth amendment, I was silent because I don't deal drugs. When they took the sixth amendment, I kept quiet because I know I'm innocent. When they took the second amendment, I said nothing because I don't own a gun. Now they've come for the first amendment, and I can't say anything at all. (Tim Freeman)