About 8 years ago I was arrested for shoplifting. I was arrested and charged with a misdemeanor. I opted to take the pre-trial diversion program which would allow me not to have a conviction on my record and would allow my case to be dismissed. I became a teacher in 2008, I got my teaching license and was able to work in a daycare center, both times I had a background check done. My question is, what will show up on my background check if my case was dismissed and there was no conviction.\? I am about to be hired at a school and I want to know what will show up. They have not asked about an arrest in the interview or on the application.

Hi, tgtbtj!

Did you have to have fingerprints taken on your most recent background check, please?

Thanks!

Yes I had fingerprints taken when I was going to do my student teaching as well as when I got my teaching license as well as when I was working at the daycare center.

Since it looks like the places that have hired you as well as the ones who issued you a license have done a thorough background investigation and no one has ever asked you about it when interviewing for the positions nor denied you the license, then I wouldn't worry about it.

You committed the offence a long time ago. It was dismissed. I would also presume that you were in your teens when you committed the crime. Is it correct that you were in your teens?

If you took the diversion program, it is not suppose to show up.
If you want to be sure, go to the police station and run a report on yourself.

That is the official report.

Of course there are 100's of private agencies that do background searches, some may have sealed records that they got before they were sealed.
But if it went though diversion, then it is not considered a conviction and you would say no, if asked if ever convicted.

If asked if ever arrested you have to say yes

Hello t:

A bank will run a different background check than a burger joint would. That's because one employer, rightfully, wants to know MORE about his prospects than the other one does. In your case, one school might want to know more about you than the other one did.

What I'm trying to say, is there is no one size fits all background check. Therefore, there's no way to tell exactly what will show up. But, even if your arrest DOES appear, you were not convicted. That's all you'd have to say if they ask you about it.

excon

Since it looks like the places that have hired you as well as the ones who issued you a license have done a thorough background investigation and no one has ever asked you about it when interviewing for the positions nor denied you the license, then I wouldn't worry about it.

You committed the offence a long time ago. It was dismissed. I would also presume that you were in your teens when you committed the crime. Is it correct that you were in your teens?

Yes Clough I committed the crime when I was 18 years old to be exact. It was something dumb that I regret. I know a lot of young people make dumb mistakes, some get caught and some don't. I'm just worried because I'm probably going to sign the contract tomorrow and I don't want to bring it up. They're going to find out whatever they will when they fingerprint me, I'm just afraid they're going to let me go once they find out :(

Thus one of the real issues with things like this, what if a student or their parent knows and decides to blackmail you on this, how will you handle it.

Officially diversion goes back ( if I have the right one for you) and actually dismisses the case, so there is no official conviction.
So if asked you were not convicted. If they needed to know about diversion program or arrests, they would ask that question

The arrest record will show unless you had it expunged. You may be able to have it expunged now. The process where I live starts with you getting a "certified copy" of your criminal record for expungement purposes. At that time you provide fingerprints. This should set the wheels in motion for expungement. Once you receive the certified copy, you have 45 days to act on it.

The arrest record will be there unless it was expunged. An expunged record is available to the police if they investigate other crimes which you are a suspect. The expunged arrest record as I understand it would show if you applied for a job as a police officer.

If the record was expunged, you have the right to say, I was never arrested, nor convicted of a crime.

It appears that you can say you were never convicted of a crime but cannot say you were never arrested.

Remember that anybody can accuse anybody of a crime whether you did it or not.

For more information about the case, please read the following thread.

https://www.askmehelpdesk.com/criminal-law/shoplifting-punishment-482641.html#post2411966

Thanks!