In 2008 I was arrested and charged with 3 felonies and a misdemeanor. In the end, 3 years later, they amended it down to a class d felony charge, with no conviction, and I was put on pre-trial diversion. After a 5 year probation, which is up in 2016, I have been told it all goes away like it never happened. I want to be a high school teacher, and am currently in school and have about a year and a half left. I have already spoken with several people, even my old probation officer, and they have all advised me to request an early termination of my probation so I can have a better chance at finding employment once I finish my degree. I am worried that my arrest record and the fact that I was charged will show up when they do a background check when I apply for teaching jobs. If anybody has any correct information on whether this will hold me back, please let me know. I am in the state of Kentucky.

In California, you will be asked if you've ever been arrested. If you answer yes, it asks about charges and convictions. You wouldn't be hired here.

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Originally Posted by teacherjenn4

In California, you will be asked if you've ever been arrested. If you answer yes, it asks about charges and convictions. You wouldn't be hired here.

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Do you know of any place I could go to find out what my specific state asks? I'm just worried that I am going to spending all of my time and effort on this degree, with nothing to show for it at the end. The purpose of pre-trial diversion is to give people who have never been in trouble before a second chance, with no convictions in the end. I don't want this to get in the way.

Go to court and ask for your record to be expunged. This erases the history. Ask your lawyer if you have to answer "yes" to questions about arrests or convictions. If this information is erased from your record, it's legally as if it never happened so I would think you could answer "no". Nothing should show up in a background check because the records will be cleared. You will need, though, to talk to an attorney in your state and local jurisdiction to ask these questions.

Some applications ask if any convictions in which case you would be able to answer no, but one site I reviewed stated that 92% of employers today, do their own criminal background checks. State laws vary on what specific questions can be asked.
You could request some application forms from jurisdictions in which you would like to apply to verify what is on their form.
From what I could find out about the KY Pre-trial diversion program, it is as you stated- intended to provide a second chance, and charges are to be dismissed after completion of the program. But whether the actual arrest can be expunged isn't clear.
Pursue getting the probation ended early which should result in dismissal of charges and follow up to make sure that the info doesn't come up in a background check.
The only choice you have is to keep pursuing it and trying to overcome each obstacle one at a time. Every other potential employer (even non-high school employers-- if that 92% above is correct) is likely to do a criminal background check also. Keep working on the degree. It can only help, can't hurt.
I wish you good luck.

The trouble with explunged records or dismissed, is that there are people who know and records of some type. Normally for license with state, these will show up.

But if not, if someone knows, it makes you subject to blackmail

Absolutely keep going, and also do as suggested and try for early dismissal. How many POs are that helpful? You must be a PO's dream. Who doesn't want you to get a good job? Only the bitter ones who hate their jobs or who think parolees get too much coddling.

There is no such thing as 'erased' expunged and never has been, because police and courts have to have access to your history. Since the digital age, however, even people who shouldn't have access to sealed records are getting access, because the data bases are sold to background check companies before the expunging. Another good reason to hurry this process.
Somebody should sue those companies for allowing this to happen. I think expunged records are supposed to be put on some sort of new list and the companies who sell backgrounds ignore them. It's a problem, possibly partly at the judicial level, I don't know. Maybe you could be first to sue if it happens to you.
There's no way to know, no one to ask. The info is just 'out there' because the fact that a record can be changed to expunged is ignored or not considered important enough except by a few people. There are people who refuse to do expunges for this reason.

Hello jep:

It would be my guess that you won't be able to keep your past secret from ANY state hiring authority, and I don't think they'll hire you.

Switch to business..

excon

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Originally Posted by jep1717

do you know of any place i could go to find out what my specific state asks? im just worried that i am going to spending all of my time and effort on this degree, with nothing to show for it at the end. the purpose of pre-trial diversion is to give people who have never been in trouble before a second chance, with no convictions in the end. i dont want this to get in the way.

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Get in touch with your state teacher licensing agency. They will tell you where to find the answers you need. It's going to be tough. A criminal history may cause you problems because you would have to answer the questions truthfully.

Another option you have is that you could call the hiring department of a public school district in your state - perhaps one you would not likely apply for - just to get their insight, before you complete school.

You can just call and say, "I am a student pursuing an education degree. I was arrested on felony charges but my record has been expunged. Would this history disqualify me as a teacher in this state? As a hypothetical, would your district consider hiring someone if you learned that they had prior felony charges that were expunged from their record?"

A couple other options you have would be first, to move to another state to work or, two, to apply to private institutions for employment.

Yet another resource you can call would be your local teacher's union. They can tell you if this would be a disqualifying criteria.

We did not ask you, either, what the charges were for. If it was for a DUI or drugs I would encourage you to pursue your dreams and ambitions if you have overcome your addictions and are living a sober lifestyle with commitment. If it was for anything related to sex with a minor or contributing to delinquency or any other sexual or child-related issue, I would strongly suggest that you should not be a teacher as it could easily blow up in your face; and, if you have such issues psychologically, working in a school would be a bit like an alcoholic becoming a bar tender - not a good idea. What were the charges?

Yet another option for you is to continue to a Master's degree and teach at the college level. There is likely less concern over background issues when you are teaching adult students. Community college and universities pay very well, and if you one day have children, give great benefits for their education. My son's step mother is a university professor and because of that, he's getting a 75% discount on tuition (worth $100,000 over the course of 4 years) at an affiliated university - great benefits, pensions and really flexible schedules. If I had it to do over again, I'd be a professor! (and maybe I will still become one... working toward it!)

The charges were for assault.. everything was amended down to a class d assault EED(extreme emotional disturbance) long story short, I was in the wrong place at the wrong time, and the laws in ky state that every party involved, whether they committed the actual crime or not, can be charged. We got railroaded, even my PO said that.

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Originally Posted by jep1717

the charges were for assualt..everything was amended down to a class d assault EED(extreme emotional disturbance) long story short, i was in the wrong place at the wrong time, and the laws in ky state that every party involved, whether they committed the actual crime or not, can be charged. we got railroaded, even my PO said that.

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Assault will be a tough thing in teaching. You may need to think about research or other behind the scenes education. Railroaded or not, I wouldn't hire someone with a record of assault in a school environment.

Make a plan that gives you as many options as possible. One plan based on getting probation shortened and another assuming it will not be reduced. Takes some courses that will prepare you for some other careers too. If probation is not shortened, take some graduate credits (if you can afford it) until the charges are officially dismissed. The more I read from the comments you have gotten so far, the slimmer I think your chances are for a high school teacher position, but maybe not impossible. The recent school tragedy has made school administrators more likely to tighten up requirements. But you may find a position with a company that allows you to get as close to your preferred job as is feasible. Safety officer/instructor within a company for instance, or as suggested possibly college instructor. You don't necessarily have to give up on your goal but as they say-- plan for the worst and hope for the best.

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Originally Posted by smearcase

Make a plan that gives you as many options as possible. One plan based on getting probation shortened and another assuming it will not be reduced. Takes some courses that will prepare you for some other careers too. If probation is not shortened, take some graduate credits (if you can afford it) until the charges are officially dismissed. The more I read from the comments you have gotten so far, the slimmer I think your chances are for a high school teacher position, but maybe not impossible. The recent school tragedy has made school administrators more likely to tighten up requirements. But you may find a position with a company that allows you to get as close to your preferred job as is feasible. Safety officer/instructor within a company for instance, or as suggested possibly college instructor. You don't necessarily have to give up on your goal but as they say-- plan for the worst and hope for the best.

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I found out that if I take the appropriate steps in getting my record expunged then I should be OK. What everyone was talking about with expunging records and them still showing up is that you have to go the extra mile and actually send court documents off to the background check agencies so they can update their systems properly. Once it is expunged, its erased(obviously not totally from police record view or anything like that) but for a teaching job, legally, it can't show up, or someone messed up somewhere. I gained this knowledge from a friend of mine who went through the same thing I am going through, and was going for her masters in psychology and trying to get a government job that has to deal with social work. Once she got her record expunged, nothing came up and she was able to get the job. She even checked herself using the systems they use at her place of employment, which is what the government uses, therefore its what the school systems will use. Thanks everybody who gave me answers. I appreciate it.

Hello again, jep:

I hate to be the bearer of bad tidings, but unfortunately, under Kentucky statutes, most felony convictions cannot be expunged at this time. The only felony convictions that may be expunged are Class D drug felonies. For all other felonies, it does not matter if the charge is 20, 30, or even 40 years old. You simply cannot expunge a felony conviction.

Maybe there's some relief because you were on diversion.. I don't know. But, if that were so, there wouldn't BE a felony conviction that you NEED expunged..

excon

Below is an excerpt about Kentucky's Pretrial Diversion program (which jep claims to have been placed into and paragraph 4 indicates that there is no conviction for those successfully completing the program) from this site:
Pretrial Services Pretrial Diversion Program

"Pretrial Diversion Program

A program that saves court costs and positively impacts nonviolent criminal offenders.

The Pretrial Diversion Program is designed to help defendants before they develop long-term, destructive behavior. The program is successful in giving offenders a second chance while recognizing their obligations to their victims, their communities and themselves.

Pretrial Diversion is a voluntary program for offenders charged with misdemeanors or criminal violations. When a defendant successfully completes the program, a recommendation is made to the court to dismiss the charges. To participate in the program, a defendant must be approved by the district judge with the consent of the county attorney. The program requires a fee based on income using the Federal Poverty Guidelines sliding scale.

Defendants who complete the program receive multiple benefits. They avoid getting a conviction on their record. They also see positive results from helping others and changing their lives through education, training, treatment or counseling. The court system saves costs by reducing the number of court cases. Victims are paid restitution and the community benefits from the volunteer work clients are required to perform."

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Originally Posted by smearcase

Below is an excerpt about Kentucky's Pretrial Diversion program (which jep claims to have been placed into and paragraph 4 indicates that there is no conviction for those successfully completing the program) from this site:
Pretrial Services Pretrial Diversion Program

"Pretrial Diversion Program

A program that saves court costs and positively impacts nonviolent criminal offenders.

The Pretrial Diversion Program is designed to help defendants before they develop long-term, destructive behavior. The program is successful in giving offenders a second chance while recognizing their obligations to their victims, their communities and themselves.

Pretrial Diversion is a voluntary program for offenders charged with misdemeanors or criminal violations. When a defendant successfully completes the program, a recommendation is made to the court to dismiss the charges. To participate in the program, a defendant must be approved by the district judge with the consent of the county attorney. The program requires a fee based on income using the Federal Poverty Guidelines sliding scale.

Defendants who complete the program receive multiple benefits. They avoid getting a conviction on their record. They also see positive results from helping others and changing their lives through education, training, treatment or counseling. The court system saves costs by reducing the number of court cases. Victims are paid restitution and the community benefits from the volunteer work clients are required to perform."

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Thank you, for recognizing that I don't and will never have A CONVICTION. I stated that multiple times. What I am wanted to get expunged are my arrest record and my charge record, which I found out that I CAN do in Kentucky because it HAS BEEN DONE BEFORE. I appreciate you making this clear to other people on here, smearcase. Well done. And yes, Kentucky felony convictions can get expunged, but it costs around 2000 bucks per count of conviction. That's why most people won't do it.

I never forgot!
Anyway, I still will be eager to hear if you are able to get ALL places your record has been sold to/given to expunged once you get the court records expunged. I trust you understood the difference when I brought it up. It means knowing all the for-profit criminal database companies - unless your 2K goes toward making sure that happens.
Each state is different, so it will be interesting to find out. From what I have read, there is no way to find out until someone does a background check with a given company.
Please correct me if I'm wrong.

Quote from EEOC:

" The Guidance discusses the differences between arrest and conviction records.

The fact of an arrest does not establish that criminal conduct has occurred, and an exclusion based on an arrest, in itself, is not job related and consistent with business necessity. However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position in question.

In contrast, a conviction record will usually serve as sufficient evidence that a person engaged in particular conduct. In certain circumstances, however, there may be reasons for an employer not to rely on the conviction record alone when making an employment decision. "

The employer has a lot of latitude regarding arrest and conviction records, (and doesn't have to use those records as a reason anyhow--they can simply say that better qualified candidates applied--), some of which is explained in the above EEOC quote from:
Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII

We are talking about two different subjects:
1. Arrest vs conviction.
2. Whether expunged records are expunged from background check company databases.