Can I say I’ve never plead guilty to a misdemeanor on a pre-employment background check if I’ve completed diversion?

I completed diversion for 2 misdemeanors committed 3-4 years ago, which required a guilty plea. I’ve just been offered a job and have to complete a background check through an agency. They ask for any guilty pleas in the last 7 years. Will the charges show up in the background check or will it be lying if I say no to having plead guilty?

Asked on July 19, 2012 under Employment Labor Law, Pennsylvania


Andrew Goldberg

Answered 8 years ago | Contributor

If you truly completed a diversionary program such as ARD, then you did not enter a guilty plea and you can answer that you have no misdemeanor no felony convictions. If you entered a guilty plea to two misdemeanors, then this was not a diversionary program. If you entered guilty pleas, then it is the equivalent of a conviction and will show up on a criminal history inquiry. A guilty plea is not a diversionary program. Perhaps, you entered a guilty plea and was sentenced to an intermediate punishment program. You  should telephone the lawyer that representeds you and find out before you make a mistake.

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