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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I am 35 and when I was 20 I had a DUI and a felony drug charge

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I am 35 and when I was 20 I had a DUI and a felony drug charge I did a diversion program and probation and it says dismissed on the county website I'm wondering if it will show up on a live scan I applied for a county job and I want to know if have to disclose this when I fill out my paperwork for the lie scan and how far back they can look. It says dismissed so does this mean I'm obligated to put it down is this considered a conviction still
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.


My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

It is going to depend on how the application states the question regarding a criminal history

If it says "have you ever been convicted" then the answer is no - because you successfully completed your probation and "diverted" your conviction to a dismissal

If 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.

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