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Will a pending DUI misdemeanor charge show up on a criminal background check, even though I haven't yet been convicted?

Philadelphia, PA |

I was charged with a first offense misdemeanor DUI last month. I'm scheduled for court next week. My lawyer says nothing will happen that first day and it will be postponed. I'm enrolling in a nursing program that requires a background check. Will th charges show up even though there hasn't been a conviction?

Attorney Answers 3


It's real easy to go online, google someone's name and find out what trouble they have been in. That doesn't mean you won't get admitted and of course if they don't ask about pending charges, you are not lying because you have not been convicted of everything. But perhaps once you are convicted, if you are, they will throw you out of the program. Or maybe they won't even care. That's not for a lawyer to answer.

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An arrest may show up on a criminal background check, even if you have not been convicted. If so, you may be required to explain the circumstances. It doesn't necessarily mean you won't get the job. It's best to be honest and pay attention to the language of application question. If it asks whether you have ever been arrested, say yes. If it asks whether you have ever been convicted of a crime, say no. If it asks whether charges are currently pending against you, say yes.

The legal information provided above should not be interpreted as nor construed to be formal legal advice. This legal information is not intended to represent any guarantee of a favorable result on any particular case, and such legal information does not form a lawyer/attorney-client relationship between Heather D. Lee, Esq. and any individual, party, and/or entity.

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It should absolutely appear on a background check. If they fingerprinted you, then you are in the system. You can google the PA state police and run your own record to see what appears. You really should be speaking with your lawyer (whom I assume you are paying for his advise) rather than this forum.
Good luck

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