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If i accept PTI do that mean i was convicte of a crime. i need to know so i know what to put on applications.

Greenville, SC |

will it show on my back ground and can an employer see it , the charge was cdv happened in dec. 2012 in south carolina. i started pti in may

Attorney Answers 1

Posted

There are a couple of things you need to know. First, after the PTI is completed (make sure you don't fail out!), you will need to take an extra step and go through the expungement process. While successful completion of PTI will result in the charge being dismissed, the record of the arrest will still show up on your SLED record until you complete the expungement process. The FBI will always have a record of it, but hardly anyone has access to that database. The SLED record is what you are most concerned with and what you can do something about.

Regarding applications, S.C. Code of Laws Section 17-22-150 provides that "No person as to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest in response to any inquiry made of him for any purpose." I interpret this section to state that you can act like the incident never happened after completion of PTI. However, the statute could be a little clearer, and there may be arguments that you would have to disclose on an application. If you decide not to disclose, and the employer finds out later and brings it up, you can at least show them the section I just quoted and state that you believed this meant you did not have to mention the arrest.

Finally, some applications ask if you have ever been "arrested." Some ask if you have ever been "convicted" of a crime. If you successfully complete PTI, then you can truthfully say that you have never been convicted of CDV regardless of how you interpret that statute.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

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