What to do if I completed a pre-trial diversion program 4 years ago but the charges come up on a background check?

UPDATED: Jul 15, 2012

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What to do if I completed a pre-trial diversion program 4 years ago but the charges come up on a background check?

I tried to rent an apartment. Should the screening reports company that the landlord used have access to this information? I contacted my lawyer from the case and he was not able to find the info that the screening reports company did. I had to fax him the copy and he had to take it to the court house. He then wrote me an email to send to the landlord stating the facts of the case and that their background check was wrong. Now the landlord wants official court records. Do they have the right to see my court records for something they should have never seen to begin with?

Asked on July 15, 2012 under Real Estate Law, Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, your landlord has an obligation to make sure that the tenant he he or she has is trustworthy and to avoid future problems. Your criminal matter unless sealed is a public record open to all to see.

I presume that the charges were dismissed against you regarding the criminal case you were successful in completing your diversion on, but unless your file has been sealed by a court order my experience is that your arrest will continue to show on a background check.

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