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I was arrested for disorderly conduct and trespassing but completed a diversion program. Do I have a criminal record?

Tempe, AZ |

This happened about 14 months ago in Tempe, AZ. I spent the night in jail, completed the diversion program a few months after the arrest, and the case was dismissed. I am an Illinois resident and I currently live in Illinois. I was recently accepted into medical school in Philadelphia, and I am concerned this mistake will haunt me through my medical career and possibly even rescind my acceptance because I just submitted to a criminal background check. I checked that I have never been convicted of a crime, but what will show up on the background check? Just my arrest? Will it show my offenses? How long do I have to wait to have the record expunged, and what is the process for expungement? Thanks in advance!

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Attorney answers 1


If this was a misdemeanor charge(s) resolved with a diversion program in Tempe, then the State will have dismissed the charges (before any sentencing or entry of guilt) upon the successful completion of the program. No conviction or entry of a finding guilt should show up, just that the charges were dismissed. As far as what will show up on a criminal background check, it really depends on the nature and extent of the check itself - a minimal employment type of check will probably not show anything, but a more extensive FBI type of check will show the arrest, charges, and dismissal. Now, be aware, Arizona does not "expunge" or erase criminal arrest records - the best you can do is what you have done in this matter which is to have the charges dismissed and no conviction or finding of guilt on your record.