Criminal Law Questions? Ask a Criminal Lawyer.
My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regardIt is going to depend on how the application states the question regarding a criminal historyIf it says "have you ever been convicted" then the answer is no - because you successfully completed your probation and "diverted" your conviction to a dismissalIf it says "have you even been arrested" or "have you ever been charged with a crime" then the answer has to be yes - because even though there is no conviction, your arrest records will be available as will the :"dismissal"The company should not go back more than 7 years in an employment background check. But they can go back as far as they can - and always say that you were not hired for some other reason. In other words, it would take a lawsuit to prove that they went back further in your records and that was the real reason they did not hire you.I suggest, if you need to disclose you were arrested and charged you can add that you have a first/youthful offender diversion and the matter was dismissed.I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).