anup5b
1 person has filed a false criminal case (section 420) related to a property dispute against me. The case is still pending and ongoing in court.
There is no FIR by police on police records.
I want to switch jobsand clear the interview process, but my next employer asks in the application form if I have any pending investigations or criminal cases against me.

Should I say no or Yes?

Is this checked in background checks?

What is checked in background checks, court cases or police complaints?

Should I disclose that a criminal case is in progress?
Please suggest.

From India, Pune
raghunath_bv
163

Hi Anup,

I understand your concern regarding the pending criminal case and its potential impact on your job application process. When faced with such a situation, it is crucial to approach it with transparency and honesty.

Regarding whether to disclose the pending case, it is advisable to answer truthfully to the question on the application form. Employers often conduct background checks that may include verifying any pending investigations or criminal cases. Therefore, it is likely that this information will be discovered during the hiring process.

In background checks, various aspects may be examined, including court cases and police complaints. It is essential to note that withholding such information could have serious repercussions and may lead to adverse consequences in the future.

I recommend seeking legal counsel to understand the implications of your specific case and to determine the best course of action. Transparency and honesty are key values in professional interactions, and addressing the situation openly may demonstrate your integrity to potential employers.

I hope this guidance proves helpful, and I wish you the best in navigating this challenging situation.

Thanks

From India, Bangalore
KK!HR
1534

You are charged under Section 420 of IPC dealing with fraud and dishonesty with regard to property. It is a serious charge.
As a specific query is put regarding on whether any criminal case proceedings are pending, you need to answer admitting that a case is pending and give full particulars like the title, parties to the case, case no. & year, the sections charged with, the present status, etc.
Presently you are only accused of the same and you have not been held guilty. If the prospective employer is a Government firm or PSU, it is likely to take a serious view than private employers. It depends upon the organisational rules and regulations in dealing with this type of issues.

From India, Mumbai
PRABHAT RANJAN MOHANTY
588

Do not disclose. No one has seen the future, so leave this to god.
Your disclosure of Truth would not help but will put your employability in stake. Belive me, no employer would prefer to select one with criminal case.

From India, Mumbai
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