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Does a Class A misdemeanor show up on a background check?

Crystal Lake, IL |

I received a class A misdemeanor for reckless conduct and judgement was withheld pending supervision ... will this show up if an employer runs a background check?

Attorney Answers 4

  1. Generally all arrests, citations, convictions show up on back ground checks. If you were never convicted, it will probably show an arrest and charge but no conviction

  2. Any arrest and a misdemeanor will show up on a background check. Look into expunging your record if you are eligible (received a supervision five years ago or charges were SOL or dismissed).

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 101, Chicago, Illinois 60607 773-562-8602

  3. A misdemeanor will most likely will show up on a "background check".

    Look into what options you may to expunge.

    Sal Sheikh practices law in Illinois.This answer is provided solely for informational purposes only. You should always speak directly with a lawyer in your State. It is difficult to evaluate your legal problem without a consultation and review of all the facts and documents at issue. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

  4. Unfortunately, even though supervision is technically a non-conviction, the arrest and case (including your conditional plea of guilty to supervision) will generally show up on any background check besides one from the Illinois State Police. It is also most likely easily accessible either via the Internet or the clerk's computer at the courthouse.
    And, although supervision means you have not been convicted of any offense, as a job application may ask you, many employers either do not know the difference or do not care. Employment discrimination based upon something you were not convicted of may be illegal, but chances are you will never know if that is the reason - unless your employer tells you. It's a bad system, but at least you can clear it up after a few years. I still recommend taking an offer of supervision in the majority of cases if applicable, especially for something like reckless conduct, which isn't necessarily a deal-breaker with jobs. If it were something like retail theft, it would be a different story. I recommend consulting an experienced expungement attorney. My office files hundreds of expungement/sealing petitions every year and offers free consultations. Click on the link below for detailed expungement information on our website.
    Once you have completed your supervision satisfactorily, you may file a petition to expunge your record after 2 years. Looks like you may want to look into it once you are finished with that 2 year waiting period.

    Receiving an answer to your inquiry DOES NOT create any attorney-client relationship with the Law Office of Jonathan S. Goldman or Attorney Jonathan S. Goldman. We will only become your attorney after a written engagement letter is signed and we have been legally retained. Any answers provided are general information and are not a substitute for the judgment of an attorney who is familiar with your case. No guarantees or warranties are made based upon this information. Please contact us if you have questions about this policy.

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