During the school year, I made a bad mistake. That mistake was committing petty theft, misdemeanor (2nd degree) at a shopping mall. (Real smart!) I was booked, spent a couple hours in jail and released. Anyhow, do to my previous clean background, I was offered Pre trial diversion. I did my check in's with my probation officer, finished my community service, paid my fee's, etc. It's been 8 months since completion. I also finished school. I'm looking to get hired at a job (that I could say, is government interrelated). They do background checks. At the interview, I didn't make any notations. However, if they run a criminal history check, my question is, would something come up/back that would basically say "no hire"? I'm just wondering if (since i did/finished PTD) if it will show? Thanks.
What you need to do is make sure the case has been nolle prossed. Second, you need to consult with an attorney to get this record expunged.
If someone checked your record, they would see that you were arrested. They should also see that you never pled guilty to the charge. If you successfully completed the program, then the state has or will drop the charge against you. If you want your record clean, you will need to have your record expunged. You should qualify to have your record expunged. The FDLE website explains how to do this, but you probably should still hire a a lawyer to get your record expunged.
All that will show at this point is that you were arrested but never convicted. The charges are dropped after the successful completion of PTD. Now you are able to apply to have the charge expunged from your record. If it is expunged then all court and police records relating to the charge are destroyed. You can legally deny it ever happened.
Please feel free to contact my office since we do handle sealing and expunctions.
Eric J. Trabin, Esq.
This is not to be considered legal advice nor does an attorney-client relationship exist.
The arrest will show up for a background check. You will want to contact an attorney to start an expungment process so that the arrest will come off. You can call my office for more information on expungments.
For more information contact the Law Office of Corey Cohen at 407-246-0066 or visit our website at www.coreycohen.com
All the other answers are correct - here is a little more clarity on what will show up. Officially, you will have an arrest record that will show date of arrest and what you were arrested for. Below that will be a bunch of acronyms, abbreviations, and code words (that's what I like to call them) that will essentially state you went through pretrial diversion and, if the record is complete, that your case was "nolle prosequi" or sometimes it will say "dismissed." The obvious problem is that most people can't understand anything below the fact that you were arrested for petty theft.
That record can be "expunged" and no one will have the opportunity to be confused by it. However, by the time you are ready this your record has already been sold to private "background check" companies that you see advertising all over the web. These companies do not receive an order to expunge their records and those companies usually screw-up all the info and have you looking like you are guilty of petty theft (so long as they have not screwed up what your were arrested for too).
Good news is that the law allows for you to address this issue too. That is a bit more complex and you should talk to an attorney on how to address the private company situation. And yes, your information is sold by the Clerks Office (as long as you were an adult at the time of the offense) and by the Florida Department of Law Enforcement regardless of your age.
Please do not construe any information provided here as legal advice. No attorney-client relationship is created by answering these questions. Therefore, anything you write here can possibly be used against you, so be careful what you write. Contact an attorney to discuss your case further in the proper consultation setting.
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