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Will a conditional discharge show up on a background check?

Edison, NJ |

I was arrested about 5 months ago for possession of small amount of marijuana. The court tested the evidence which came in positive and sentenced me to 1 year probation via conditional discharge.

I have accepted a job offer that begins in a month. I have interned at the company previously and filled out background check papers then, but I have a feeling that they will probably run another background check in a month when I start working.

Will my conditional discharge show up on the background check? The incident happened in NJ. If it does, do you think I should talk to an HR manager (who I'm fairly close to) at the company if they run a background check? I was thinking maybe I could explain the situation to her and I might not lose the job?

Thank you for your help and advice in advance.

Attorney Answers 3


I cannot give you advice on how best to handle your employer. The CD will appear on a normal CCH. The discharge itself may or may not be there but the arrest is extremely likely to appear. These entries can be expunged 6 months after the dismissal (completion of the program). That procedure takes about 2 months to get the Order but because of State Police backlog about 2 months more to erase the entries. Call with more information if you like.

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I agree with my colleague. Have this expunged as soon as possible..

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You have no conviction record. You do have an arrest record. An expungement petition and order will isolate such records so that you may not need to disclose same in certain employment applications.

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