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Will I pass a background check? I was charged with a DUI in PA in September of this year.

Midland, MI |

The summons was sent to the wrong address and subsequently was returned to the court and they placed an arrest warrant on me. Meanwhile, I had moved to Michigan. The cop that pulled me over gave me a call and told me about the warrant and told me to call the court to get it handled.. I did this and made the trip back to PA for the hearing. They DID fingerprint me after the preliminary hearing and then a few days later, I was required to have another hearing (the one where they just determine if there's enough evidence for a trial). My Public Defender got me enrolled in ARD and told me this means that the DUI will only show up on a driving record, not as a conviction.

I just had to do a Livescan for a job that I was offered which stated "conviction only". Will this show up on the results?

The paper for the LiveScan stated that they were checking for "conviction only", so I would assume I'm in the clear, but don't want to make any rash decisions. The job is at a school, so I'm worried that if the something shows up, they will revoke the offer. I'm stressed about this because I'm currently working a "temp" job at a dept store and was hoping to hear about the new job by today so I could make plans over Thanksgiving! Any help is greatly appreciated.

Attorney Answers 4

Posted

It is impossible to state whether it will show up because that is contingent on several factors including the extent of the background check conducted by the school, whether the matter was public record, etc. Unfortunately, you may not find out about the results until the background check is completed. Good luck.

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Posted

I think in this case, it will depend on the timing of their inquiry. Further that it will also depend on how deep they dig. Sorry, I cannot assuage your fear except to say that worry is stress.

The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

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Posted

These are good answers. You might try to contact the Public Defender you had and ask their opinion. I agree with the others that it may be impossible to know until the background check is complete. However, if it shows up you may be able to explain that it is not a conviction by producing your court documents. Good Luck!

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Posted

A lot depends on where the prospective employer looks for background checks - nationally or just in the state. You can look at iChat via the Michigan State Police website to get an idea of what might show up in the Michigan database. Even if the employer only asks for "convictions", be prepared to show how this isn't a continuing problem to be worried about. Keep your chin up and be positive! Attitude goes a long way with prospective employers.

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