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Do pending felony charges show up on a background check?

Orlando, FL |

I live in FL and have recently been charged with Posession of oxycodone, possesion of methadone, and posession of paraphanellia. However, I was just ordered into a diversion program (drug court). Will these pending charges still show up on a normal background check? (not a state/federal job, law enforcement, high security etc...... just a job doing administrative/office work.)

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Attorney answers 3


I am unsure how this is a criminal defense question however your arrest is public record.


As part of the hiring process many employers are conducting background checks on prospective employees. There are several aspects to this process. Initially on the employment application you will often be asked if you have had any prior felony convictions. Based on your question that would still be a no. Now more often than ever employers are asking about prior arrests, this is where you get into a difficult area. You would answer yes to prior arrests, and the employer would conduct a background check to investigate the details. Most Solicitors / District Attorney Offices now have public online access to pending cases. Also a variety of private data mining services provide "background check" information for a fee. Both of these methods would reveal your pending charges and they could likely continue to show up even when you have completed the Pre-Trial program. After you have completed the program and hopefully had the case dismissed as part of it, you should contact a attorney licensed in Florida regarding attempting to have the arrest expunged from your record.


Most employers will do background checks and depending on the sophistication of their search will likely find your pending charge. once you complete drug court and the charges are dismissed, you should retain a lawyer to expunge the charge. good luck with the drug court program!

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