Will my diversion show up on a fingerprint background check?

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Will my diversion show up on a fingerprint background check?

I was charged with a petty theft misdemeanor last year and completed the court’s diversion program. I completed it last December and have not had any other offenses. I have to complete a background check for my new job at a child’s summer camp. I will be fingerprinted. I was never arrested but I completed a walk-through booking which included my fingerprints when I went to my arraignment. What will show up on my background check?

Asked on June 10, 2011 under Criminal Law, California

Answers:

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

Answered 10 years ago | Contributor

The best person for you to ask this question of is your attorney in California.  And although you may think that you were not formally arrested, I think that you will be considered as such and that the matter will show up in some way or form on your background check.  I would first run a check yourself to see how things come up.  Then I would make an application for expungement or sealing of what ever shows up.  You need to get your prints back.  And I really doubt that you can do all this in time for the camp job so you may want to look at other things.  But maybe it will work out if you move quickly.  Good luck.


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