Facing a False Criminal Case: How Should I Handle Background Checks When Switching Jobs?

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 the police on police records.

I want to switch jobs and 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?

What is checked in background checks, court cases, or police complaints? Should I disclose that a criminal case is in progress? Please suggest.

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.

Disclosure of Pending Criminal Cases

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.

Background Checks: What to Expect

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.

Seeking Legal Counsel

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

Understanding Section 420 of IPC

You are charged under Section 420 of IPC, which deals with fraud and dishonesty regarding property. It is a serious charge.

Disclosure of Pending Criminal Cases

When asked specifically about whether any criminal case proceedings are pending, you should admit that a case is pending and provide full particulars such as the title, parties to the case, case number & year, the sections charged, the present status, etc.

Implications for Employment

Currently, you are only accused of the same, and you have not been found guilty. If the prospective employer is a government firm or PSU, they are likely to take a more serious view than private employers. The response depends on the organizational rules and regulations in handling such issues.

Do not disclose. No one can predict the future, so leave this to God. Your disclosure of the truth would not help but will put your employability at stake. Believe me, no employer would prefer to select someone with a criminal case.