If I’m applying for a job that will do an extensive background check,will they be able to see it if I completed a diversion program?

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If I’m applying for a job that will do an extensive background check,will they be able to see it if I completed a diversion program?

When I was 18 years old, I received a written arrest for minor in possession of alcohol. These were very commonly distributed in my college town. I went to my court date and completed the diversion program – 10 hours of community service. We were told that the misdemeanor would not reflect on our records, and when asked in job applications if we have been convicted of a misdemeanor, the answer is no. However, I have become paranoid that employers can see the written arrest on my record.

Asked on January 24, 2015 under Criminal Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It really depends on the type of background check.  Law enforcement background checks are pretty thorough and can see everything, even sealed or expunged records.  You have to remember that arrests are considered separate from convictions or dismissals of any kind so if you did not expunge the arrest then that could show up. The best thing for you to do is to run a check on yourself.  And relax: your crime is generally explained away as youth.  It is not like you committed armed robbery.  Good luck.


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