I received my ordered background check/arrest record and it does not show my DUI arrest from 1997.

Asked over 1 year ago - Umatilla, OR

Can I say I have no criminal arrests on a job application? Why would my DUI which I did diversion not be on this record?

Attorney answers (2)

  1. Jay Bodzin

    Contributor Level 20


    Lawyers agree


    Answered . If you successfully completed a diversion program, then you were not considered to have been convicted of DUII. That's what the diversion program is for. So you must still say that you were arrested, if asked that; but you can say that you were never convicted (which seems more likely to be the question asked on an application).

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  2. Richard E Oberdorfer


    Contributor Level 13


    Lawyer agrees

    Answered . No, you cannot honestly say you have no criminal arrests. Keep in mind your employer may use a background check service that WOULD locate your prior arrest and DUII Diversion. For your second question there are many answers, including: court error, clerk error, and for some organizations the passage of time (for instance, an Oregon DMV "court print" generally just goes back 10 years). Nevertheless, I strongly suspect that if someone wanted to find out about your old DUII arrest and Diversion (and maybe an Implied Consent license suspension for failing or refusing a breath test?), they could. We live in a society where there really aren't any more secrets. So be honest if the question is truly about any prior arrest, but read the question carefully. If the question is for "conviction," it sounds like a different answer.

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI arrest

A DUI arrest must be based on probable cause: the officer must have enough evidence to arrest, as determined by a combination of factors.

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