If you arrested in Illinois for petty theft does that automatically convict you for a Class A Misdemeanor? I was 15 at the time in 2012 and I was put into a Pre-trial Diversion Program (first offense), so I was wondering whether or not the police determined if you are convicted first before the judge?
Also if I get my 1st time offense expunged would that not show on a background check if the charges were dropped and/or I was not convicted? My major is nursing and they require a background check.
No. Police do not determine is someone is convicted. Judges and juries do that.
Your arrest was not automatically converted to a conviction. Probably because you were a juvenile first offender, you were placed in a pre-trial diversion program instead of being "screen into the system." That's a good thing. Now, assuming you successfully completed all the requirements of the diversion program, you should be able to have that arrest expunged. Here's a good link from the Illinois State Appellate Defender's Office:
You should be able to follow the procedure on your own, or you could contact a local criminal defense attorney to guide you through the process. I know that Dorothy Brown's Office has held workshops on expungements. Here's her link, and it looks like there's a summit coming up on June 4th.
If you successfully expunge this arrest, it should not show up on a background check.. In the meantime, remember that diversion does not mean a conviction.
Good luck with this.
If you completed all of the terms of the program and did not plea to the offense and received either a conditional discharge, probation or a straight conviction, then you are not convicted of a crime in Illinois. As such, if you were not convicted then it should not be an issue with an LPN, RN or APN license. You should expunge your record since many employer search companies only look on the court's computer and do not always go further and check on the resolution. If the matter was held in juvenile court, the record should be sealed. Good luck and study hard.
When you entered into the pretrial diversion program they almost certainly had you sign an agreement saying that you would do certain things and not get into trouble again for a certain period of time. If you kept your part of the bargain there should not be any conviction. However, most pretrial diversion programs have you come back to court to report on your successful completion of at least part of the agreement. I am assuming that you didn't go back to court after you were first put into the program. If the agreement stated that if you don't report back, then the state can enter a conviction, there may be a conviction out there. On the other hand, not every program is the same, and every judge handles these maters differently. You should go to the courthouse that you were at and get a copy of the "case disposition", that tells you what happened. If it says anything other than that the case was dismissed, you should go see a lawyer to get it straightened out. If the case was dismissed, you can have the arrest adn case expunged. If your happened in juvenile court then the records are already sealed, but an expungement wouldn't hurt as it would remove the arrest and case from any lingering records of your arrest that the arresting police department and the county sheriff might have. However, one word of caution. An expungement, even if granted, does not mean that will be no record of the arrest at all. The records are still kept under seal, and in certain circumstances, such as applying for a Conceal Carry permit, the state can still get to the records. I hope this is helpful
As long as you completed the pre-trial diversion program, there is no conviction. The arrest, however, may still show up in a more extensive background check. If you have not retained an attorney to expunge that arrest, I would highly recommend doing so. In short, a background check would not show a conviction but very may well show the arrest. I hope this helps. Feel free to contact me if you have any additional questions.
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