QUESTION
If I completed a diversion program, will the charge still show up on a background check?
Asked on May 01st, 2014 on Criminal Law - Colorado
More details to this question:
My prospective employer is currently running a background check on me. If I was charged with something in my youth but completed a diversion program, will that charge show up on their background check?
5 ANSWERS
If you were under 18 at the time and had your record sealed and then destroyed, it will not show up on your record. If you were over 18 at the time of the crime you could have the crime expunged. A successful expungement will not erase the criminal record, but rather the finding of guilt will be changed to a dismissal. The petitioner can then answer honestly and legally a question about their criminal history, with some exceptions, that they have not been convicted of that crime. What is actually stated on a record is that the case was dismissed after conviction. It never erases the record, and still states one was charged and convicted along with how much time was served. If the petitioner is later convicted of the same crime again, then the expungement will be reversed.
Answered on May 02nd, 2014 at 12:57 PM
Thomas Edward Gates
Generally, completion of a diversion program voids the charge on your record. You can check with the court clerk to see if your record is clean.
Answered on May 01st, 2014 at 5:36 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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It depends on what the circumstances of the diversion plea agreement. In most cases, the charge will ago up as dismissed.
Answered on May 01st, 2014 at 4:53 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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No, that is the purpose of diversion. It keeps your record clean.
Answered on May 01st, 2014 at 4:52 PM
3 Awards
Yes, unless you filed to have it sealed and that was ordered and the order was filed with the appropriate agencies.
Answered on May 01st, 2014 at 4:33 PM