[lennyd]

Just like the title says guys.

My question is that, I am an aspiring teacher, currently in my junior year of college about to start taking all of the field experience (working with children) courses. All of these courses require a clear criminal history in order to participate (for obvious reasons), and of course when I graduate, any school system I apply for will do a thorough background check as well. The deal is, I was arrested about a year ago for shoplifting (long story, was with the wrong person at the wrong time) and because it was over $300 in value (like $310 or something to be exact) it was a felony in the state of Georgia. Now I was given the opportunity to complete a pre-trial diversion program, which I did and the case was thus dismissed. I have all paperwork to prove it was dismissed.

When the college I'm at now, and a future employer (a school system) goes to run a background check on me, will anything show up since it has been dismissed? I'm not sure if you have any experience with teachers, but how do you think that would affect my ability to work as a teacher?

I'm a little clueless as to how a dismissal works and how it will appear on my record to other people... and over all, just extremely nervous about one stupid incident ruining my career goals. Thanks in advance - I appreciate all your help.

[ScottGem]

Background checks will only show convictions, not dismissals

[GoldieMae]

Under Georgia law, an arrest record can never be expunged if you completed a pre-trial diversion program, and the terms of completion of this program did not call for expungement of the arrest record. What this means is that if your pre-trial diversion program doesn't say that your arrest record will be expunged, then it will show up on a background check.

Please examine your court documents carefully and look for whether the pre-trial diversion program says your arrest record will be expunged upon completion. If it does not say so, then there is no way to get the arrest record expunged. If it says so, then you will need to check with the sheriff's department or city police department, whichever made the arrest, to confirm that the arrest has been expunged. When an arrest record is expunged, the police department and/or the DA's office is supposed to send you a signed legal document saying it has been done.

The rules are statutory and the prosecutor and judge must follow them. I will send you a pm with the exact language of the statute. It's rather lengthy.

I hope it works out for you.

[GoldieMae]

Maybe I should follow up in case my email gives you the wrong impression.

More than likely, unless it has been expunged, it will show up on your background check. However, if rule is you can't teach if you have a felony conviction, then an arrest probably won't keep you from teaching, and you don't have a felony conviction. You may be asked about it, though.

[lennyd]

Thank's GoldieMae - I'm going to PM you a couple more questions.

I have to fill out a personal affirmation forum for the teacher education program I am attending giving them permission to pull my background check. On this forum, it specifically states:


For any felony or for any misdemeanor, have you EVER:
Pled guilty? Been found guilty? Entered a plea of nolo contendere? Been granted first offender treatment without adjudication of guilt? Participated in a pre-trial diversion program? Been placed under a court order whereby an adjudication or sentence was withheld? Yes ____ No _____


Under this, if I answer yes to any of the above questions, I must write a narrative explaining the offenses and provide supporting documents.

My question is, If I just answer no to this question, when they pull my background will they be able to see that I participated in the pre-trial program and everything else?

I participated in the pre-trial program because I was basically told by the court it would take care of any problems with future employers, as there would be no conviction... I was also told by the person running the pre-trial program that he believed the arrest could be expunged, but he did not know how to go about it. Now I'm just confused.

[GoldieMae]

Yes, they will be able to see it. You need to answer it truthfully.

I confess to providing my services to two Georgia county district attorney offices nearly a decade ago now, and while I suspect the ADA who told you it will help with furture employment meant well, s/he probably should have disclosed that the arrest record would still appear in a background check.

If your record was expunged, it won't show, but you can state in the explanation section that it was expunged.

[ScottGem]

Wow, then really cover all bases. I'm going to slightly disagree with Goldie here. A lot depends on the type of background check ordered. Most of the time, a background check is ordered only for convictions. So, the arrest and diversion wouldn't show up.

But from that questionnaire, it appears they will be ordering a more thorough check. One thing you do NOT want to do, is lie. If you are found out, it will go worse for you.

Since they are asking specifically about a diversion then you have to answer yes. Put in your explanation exactly what happened. I seriously doubt, if this is the only blemish on your record, that it will affect your carer.

[lennyd]

Since they are asking specifically about a diversion then you have to answer yes. Put in your explanation exactly what happened. I seriously doubt, if this is the only blemish on your record, that it will affect your carer.

The thing is, I'll be dealing with kids, so of course they are going to do their best to make sure a crazy nut isn't in the classroom with them. This is the only thing on my record, and even though it was only like $20 over the limit to make it a felony, it was still a felony. Even with this being the case, it was dismissed after the diversion program was completed - but in all honesty, you really thing that even with a felony arrest on my record it will not affect my ability to teach?

[ScottGem]

I definitely don't think a youthful indiscretion will affect your ability to teach. But its not what I think, its what GA thinks. I would go to your school counselor or the head of the education department, or similar. Explain to them what happened and ask them how they think it will affect your desire to be a teacher.

[lennyd]

Thanks guys - If I was going into any other field than teaching, I wouldn't be so worried. It just seems like any school board is going to kick me out the door as soon as they see any type of arrest on my record, even though I was never convicted.

[ScottGem]

I think school boards are a little deeper than that. I really doubt if a single petty theft that was the result of a youthful indescretion would disqualify you for any teaching job. Teachers are not that plentiful these days that they can throw away candidates for that. It would have to be more serious In my opinion. If it was a DUI or a hint of molestation, yes that would do it, but a single shoplifiting charge?

But, again I strongly suggest going to someiong in the scholl admin or Ed dept and talk tpo them. They will have a better handle on this.

[Fr_Chuck]

Only convictions show up in the police background checks, which is normally the service used by school boards. Since this was a diversion dismissial the case will be shown as dismissed. So there is no official conviction, thus no official record.

The most you will find even on private investigations will be an arrest with a dismissial. A lot of people get arrested, picked up and more and then dismissed, that is still no record

[lennyd]

Thanks again guys.

All that info is a big comfort.

[youngandstupid11]

I made the same mistake, and I really hope everything works out for you as well.

[jellybaby]

It depends on your State laws. In some states, non-violent felony like nonpayment of child support still allows you to teach.

Your felony was not expunged, but some people said that you did not have to report expunged felonies. That is not true. If you apply for a teaching position, health care worker, first responder, then you must reveal expunged convictions on your job application. It is another serious crime if you conceal the conviction when applying to those categories of jobs.

Your arrest record will show up on a background check if the background check includes an arrest record search. However, most pre-employment background checks do not look at arrest records, and schools only look at convictions.

Finally, you were not convicted at all. So your offense is of no consequence to your teaching job application, and you do not even have to reveal it.
------
Doing a criminal records background check on job applicants is a must prior to hiring. Recent years have seen an increase in the number of cases of workplace violence and sexual harassment, and consequently, cases of negligent hiring. Fraud and theft by employees are also on the rise. Conducting a criminal records background check is necessary in order to protect your company and your employees from these situations.

Aside from checking on job applicants, it is also a good idea to conduct a criminal records background check on potential clients and possible business partners, to be able to identify problematic individuals and companies. In the same way, landlords also benefit from conducting a criminal records background check on potential tenants.

Some industries specifically require a criminal records background check prior to hiring. These include the police and the military, law enforcement positions and security industries. Individuals who fail in a criminal records background check are prohibited by certain laws from working in fields that involve children, the elderly and the disabled.

[sthop456]

First Offender Felonies can be expunged by GCIC, but they'll still show up in the FBI database, NCIC. Currently (2008), the state teachers certification application asks if you have any previous felonies, including "first offender". Any "yes" answer will automatically result in an FBI background check and it WILL show up, regardless of an expungement or not. If you're "first offender", answer truthfully.

[lennyd]

First Offender Felonies can be expunged by GCIC, but they'll still show up in the FBI database, NCIC. Currently (2008), the state teachers certification application asks if you have any previous felonies, including "first offender". Any "yes" answer will automatically result in an FBI background check and it WILL show up, regardless of an expungement or not. If you're "first offender", answer truthfully.

What if it's not first offender that got it dismissed? I never used my first offenders - I was offered a pretrial diversion program before anything even went before a judge, which upon completion, resulted in the dismissal of the charges.

With this still show up?

[sthop456]

Lennyd,

Here's what the state certification app asks: (from www.gapsc.com):
Q6.
For any felony or any misdemeanor involving moral turpitude, have you ever:
♦ Pled guilty;
♦ Entered a plea of nolo contendere;
♦ Been found guilty;
♦ Pled guilty to a lesser offense;
♦ Been granted first offender treatment without adjudication of guilt;
♦ Participated in a pre-trial diversion or program;
♦ Been placed under a court order whereby an adjudication or sentence was withheld?
♦ Been found not guilty by reason of insanity

Just answer truthfully. I talked to someone at gapsc and they said that a "YES" response is not an automatic disqualifier. They'll look at the circumstances surrounding the incident.

FYI - I'm somewhat in the same boat you are. I had a first offender charge that was knocked down to a misdemeanor tresspass, but still shows up in the FBI database as a FELONY first offender.

[lennyd]

Thanks for the information - Now I only have one more question pertaining to this situation.

Right now, everything is simply dismissed, so based on the standards you just posted I should reveal my arrest - however I've talked with the county DA and I've been told I should have zero problem getting my arrest expunged... If I'm successful in that endeavor should I still reveal my arrest based on the GAPSC standards?

[sthop456]

To be sure, go to The Home of the Georgia Professional Standards Commission and e-mail them. They usually respond in the same day. Keep any e-mails they send you back for reference and documentation.