A few weeks ago I had a court date for petty theft and since its my first charge the da offerred me a diversion program. He said as long as i go to the class (which i've already completed) the case will be dismissed. However my fear is that when i apply for nursing schools and for a nursing license i may be denied. I was never asked to plead guilty, not guilty, no contest in court. the judge asked my public defender if i took the deal, we said yes and that was it. He said it'd be dismissed in 6 months at my next court date. But my question is.. will this show up on my background check still? If it does, will it be a negative or will it just kind of be there since i never pleaded anything & it will be dismissed? I'm afraid the nursing board will deny me & my pd hasn't returned my calls
Lastly, would you recommend getting it expunged? Or is there nothing to even expunge since i was never "convicted"? The PD did say my record will not have a misdemeanor or anything on it so i'm not sure if the dismissed will say anything.... do background checks normally give details on what happened if it was dismissed and will this be public record or is it only public if i am convicted?
Real Estate Attorney
The filing of a charge is a public record. Some background checks only look for convictions. Others look for only felonies or misdemeanors. Yours will probably not be found except by a very thorough search. If it is thorough they will also find that it was dismissed with no plea.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
DUI / DWI Attorney
This should not show up on your record once it is dismissed, so there should not be a need to get it expunged.
However, sometimes things do still come up on your criminal record even when they're not supposed to. If that happens, you can cross that bridge when you get there.
Criminal Defense Attorney
You can request your 'record' from the Department of Justice.
When you say 'record' - there is your CII in California. Then there are the public court records. The CII info is found via your request to the DOJ. Your arrest will likely show up. The disposition may show 'diversion.'. You will only know for sure if you request your records. I see background check company reps at court daily who pull files of folks applying for jobs. So pull your own court file to see what it shows.