If my DUI will be dismissed, will my arrest and charges still show on a background check?

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If my DUI will be dismissed, will my arrest and charges still show on a background check?

I live in OK and was arrested 8 months ago for DUI. I was given 6 months probation and, upon completion, the DUI is going to be dismissed. I need to know what is going to show up on a background check after I get the DUI dismissed. Is it going to show that I was arrested and charged still? A lot of job applications ask if you have ever been on probation or arrested, so how do I handle those questions if I get a DUI dismissed? It seems kind of pointless to have a dismissal if you still have to disclose you were arrested and charged.

Asked on September 9, 2011 under Criminal Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If I read your question correctly, the terms of your plea for the drunk driving arrest is that you were given six (6) months probation in addition to some fines/fees and if you satisfactorily complete your probation during this time period the conviction will be dismissed.

In essence the plea is what is called "court probation." If you satisfactorily complete your "court conviction" and the plea for the drunk drive conviction is then dismissed by the district attorney's office, then your arrest and conviction should no longer show up as a public record that can be accessed via a background check of you.

If you are asked in a job application if you were ever convicted of a crime and your conviction is dismissed due to the completion of your probation, simply state, "I have no convictions of any criminal offense."

Good luck.


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