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Would my diversion show up on my background check in Kansas?

Wichita, KS |

I was recently offered a position at a big employer in Wichita, Kansas. After signing the offer letter, they told me that they would start the process of running a background check. I was wondering if my diversion would show up. I was charged with a DUI about two years ago and successfully completed and got out of diversion in April of this year. I was wondering if the employer would enforce thoroughness on the background check, or are they looking to see if you have any convictions and/or pending warrants, etc? and further, if this diversion would come up on a background check all together? thanks

Attorney Answers 2


  1. Unfortunately the answer is probably yes. It depends a bit on where the diversion was and what the policy is in that courthouse. When you successfully complete a diversion the underlying case is dismissed. This does not mean that the case is closed to all eyes. It usually still shows just as if you had gone to trial and been found not guilty. It can be expunged off your record but if the DUI was in Kansas the waiting period is ten years after completing diversion before you can ask the court to have the conviction expunged. A lot will depend also on how through the background check is. Perhaps it will slip by, but don't count on it. Sorry.

    Patrick M. Lewis, (913) 829-6336, plewis@morganpilate.com. This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of conduct readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship.


  2. Something probably will. What will appear is really the question. First, there might be a notation made for a chemical test failure or something similar on your driving record. Second, on your criminal history there could be a notation about a DUI arrest. This would get made if the arresting agency properly prepared the reports and forwarded them to the KBI's records department for entry. Third, there could be a notation on the criminal history showing that prosecution was diverted for your DUI. This depends on if the prosecutor/court properly prepared those records and forwarded them to the KBI for processing.

    An employer runs a background check for whatever acceptable purpose they desire. It could be to see if you have any active warrants, it could be to see if you are a felon or have a lengthy criminal history. Perhaps you are dealing with merchandise, they would not want to hire someone with multiple theft convictions, etc.

    Regarding expungement, I would point you to K.S.A. 21-4619(c) which states: "There shall be no expungement of convictions for the following offenses or of convictions for an attempt to commit any of the following offenses: ... (21) a violation of K.S.A. 8-1567, and amendments thereto, including any diversion for such violation;... " K.S.A. 8-1567 is the DUI statute. If one wanted to try and get an expungement on a DUI diversion he should consult a lawyer.

    Lucas J. Nodine is a licensed attorney in the State of Kansas. This answer should not be considered legal advice, but simply used as a starting point for review with your attorney. Understand that no attorney-client relationship has been formed. In other words, you need to contact an attorney if you want legal advice on which you can rely in court. They will conduct a formal interview and review and then they can provide you legal advice.

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