It has been almost 2 years since I have been arrested for my felony charge. I was arrested for Non person Burglary, Theft and MIP(long story) and it was my first offense. I was offered a pre-trail diversion program and accepted. I have since then completed everything on that and have finished everything with the court. I was not charged and shouldn't of had a criminal background. I am in the process of applying for Gov't housing apartments which is based on income and today I found out that my application was rejected due to my criminal background. Now she did not say that she knew why I was rejected but that I would be receiving some information in the mail and that they would decided from that whether I would get accepted into the apartments. She told me that if I was not a sex offender or have felonies I would be OK and would be able to move in. But I was arrested for a felony but was never charged with one due to my diversion.

I was under the impression that a diversion does not show up on my record and that I should not have to worry about anything popping up from here on out. This is the first occasion that anything like this has happened to me. I have changed jobs since my arrest and have worked at a bank and nothing at all was said to me. I am just really concern because I don't know what I will do if I don't get accepted into these apartments. I lived in Kansas when I was arrested and went to court here and still currently live here. The apartments that I am applying for are in Kansas as well.

What my question is, Will I be able to get the apartment or Not? Why would I get rejected for having a criminal background when that was the main purpose of my diversion?

What shows up in a criminal background check depends on how thorough the check is and which agency does it. Obviously these people found out through a background check.

If their policy (in writing) is no felony arrests, no, you won't get the apartment.

It's my understanding that you have a conviction but receive diversion instead of jail time.