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Seomon · 04-30-2011, 01:43 AM

I had gotten myself into a little trouble a while back - one of the many reasons I am playing here - and the lawyer I got essentially ushered me into a diversion program. What I wonder is: if I attempt to get another job will this arrest show up on an employment background check and if it does show up, is there any way to get rid of it before the statury three years after the completion of my diversion (which I was told lasts for one year even though the class I need to go to is one day)? Any help would be appreciated. Thanks.

jframe2 · 04-30-2011, 05:48 AM

Depends on who does the records check. A lot of records checks are actually done by third-party vendors. Some employers will only ask for a check for felonies.

Also depends on the potential new job- a bank is gonna go deeper than a construction company etc.

Sorry there is no definite answer. Best thing is to be truthful on all employment applications but do notvolunteer extra information. If you get asked about it during an interview have a truthful answer with a spin that is favorible to you. After they knew about the conviction before they called you back so they are wanting to hear your side.

On expungement, I would start looking into the process about 3 months after your diversion class.

As life goes, sorry there is no concrete answer, but hope this information helps.
Good luck
Play safe

swarmyone · 04-30-2011, 08:17 AM

An arrest is different from conviction. Remember, we are all innocent until proven guilty. A successful completion of a diversion program does not result in a conviction. It results in a dismissal of the charge.

Jframe is correct, there are many types of background checks and results will vary greately. However, generally, only convictions should be listed.

Good luck.

jframe2 · 04-30-2011, 08:43 AM

Swarmyone brings out a good distinction that I left out. Arrests are not generally available to the public for background checks, but most convictions are always included. Whether they are included in an employee background check depends on how deep the employer wants to go. Again, the potential employer may only want felony convictions and do not care about misdemeanors. Back to the bank and construction job analogy.

And if you complete diversion you will not have a conviction. That is the point of a diversion-type program. And while you are in the Diversion program I believe you could truthfully answer that you have no convictions on any employment application.

If you want more specific information about the expungement process, call the jurisdiction where your arrest/diversion program is being administered; ie- the city attorney or the district attorney office. They usually have someone that handles their expungement's and can answer specific questions.

Sorry for my lapse- answered first thing in the morning, before coffee and typing my answer on a phone.

Again, good catch by Swarmyone on my incomplete answer.

Quote:

Originally Posted by swarmyone

An arrest is different from conviction. Remember, we are all innocent until proven guilty. A successful completion of a diversion program does not result in a conviction. It results in a dismissal of the charge.

Jframe is correct, there are many types of background checks and results will vary greately. However, generally, only convictions should be listed.

Good luck.

Seomon · 04-30-2011, 10:44 AM

Thanks guys. I think you confirmed what I had researched. Just as an fyi, I looked for me on the county records but could not find anything which seems to be in line with what you guys told me. The only thing I was concerned about was arrest records. I believe on the county website it told me that I had to go to the state bureau of investigations to find that record but I hadn't done it thinking what you guys just told me - they only want convictions and felonies which I have none... anyway, thanks, guys.

Seomon · 04-30-2011, 10:46 AM

Oh and the state is Kansas - Johnson County in Lenexa... As a result, I am REALLY loathed to play over there.

JRLawrence · 04-30-2011, 02:09 PM

Quote:

Originally Posted by Seomon

I had gotten myself into a little trouble a while back - one of the many reasons I am playing here - and the lawyer I got essentially ushered me into a diversion program. What I wonder is: if I attempt to get another job will this arrest show up on an employment background check and if it does show up, is there any way to get rid of it before the statury three years after the completion of my diversion (which I was told lasts for one year even though the class I need to go to is one day)? Any help would be appreciated. Thanks.

Are you applying for a job in LE, national defense, or anything that has a security clearance requirement? If so, every arrest and every contact with the police that you have ever had in your life will be available for examination. Please note everyone, I said EVERY SINGLE CONTACT THAT LE HAS HAD WITH YOU, OR ABOUT YOU. For example, the little old lady complains about the little dog barking, or a cat using her flower garden as a litter box. The next week, or 10 year after, she is murdered. The police have access to her complete file, and the guy with the barking dog may be checked out. It used to be a long labor intensive process for LE to do this, but not today. With the modern data base programs, data can be crunched at an amazing speed, and cross referenced with multiple relationships. If you got a ticket for this 20 years ago, LE knows it, at least some do; but not the cop in the squad car, unless it has changed in the last 30 years.

Believe me, nothing is ever lost. However, it is not available to most people including most of the police. In most cases those that do see an entire list of contacts are not given the key to what the items mean. Only a few can understand an entire listing. That is the way it should be. However, It doesn't take a lot of brains to understand some of keys listed after a contact listing.

How do I know this? I worked with the thing starting in 1967 when the computers were being applied to this sort of thing. When I was about to be discharged, one of the defense contractors offered me a job and I went to school full time (like 12 hours/day) for over a year. One of the things we worked on was how to design software to take advantage of relational information. Data can be related through multiple computers and the information brought back to life when you thought it was gone. I had had a lot of math before this, but I went back to school at night and took a lot more, many classes in statistics and math that can be used for programing.

So, nothing is ever lost. The question really is, can anyone get to it and use it against you?

The answer is keep yourself straight. You have a three year diversion, not 1 day. It is not over. If they catch you again, it is not just being caught again; the old problem comes back. What made you even think that the 1 day class was a 1 day diversion. That was only your day of instruction; get it? You are still in diversion, and you can't have another violation and expect others not to know. That is how the system works. If you want it to go away, stay clean.

We just want a little information about you for our files! No way, not even for facebook.

JR

Seomon · 04-30-2011, 02:37 PM

Sorry for the confusion. I know the diversion is greater than the day; it's actually a year. And after the year of diversion, I have to wait three years to get it expunged. So in essence, I have to wait three years for all of this to clear which sucks. Thanks for the info though. I appreciate it.

Sens55 · 05-01-2011, 08:59 AM

JR is correct. MOST employers would not have access to arrest records and, if you complete diversion, you will not have a conviction, which is usually all that is asked on MOST applications.

But if you plan on going into LE or need security clearance for the anything involving the Federal Govt, they WILL see it. EVERY BIT of it.

Alexxxis · 05-01-2011, 04:06 PM

Quote:

Originally Posted by Sens55

But if you plan on going into LE or need security clearance for the anything involving the Federal Govt, they WILL see it. EVERY BIT of it.

Absolutely true! An ex boyfriend of mine is in the process of getting a position with the Department of State. They called me a few months ago asking all kinds of questions about him...even though he still has his top secret clearance from the Army. They have even called his former elementary school teacher and college professors!

Muffrider · 05-02-2011, 10:44 AM

Digging into arrests and other non-public information is not limited to LE/government jobs. Many private employers (ie casinos) will have you sign a release that authorizes them to obtain all non-public information which WILL include all arrests.

It all depends upon what the application says. Many employers these days ask for arrests, guilty pleas, suspended sentences, etc. If they also make you sign a release, they can obtain EVERYTHING.

If you don't want to authorize them to obtain the information, then they won't accept your application.

8x6 · 05-02-2011, 10:57 AM

I don't know about Kansas, but Missouri Courts have a little thing called CaseNet that tracks every detail from arrest charges through motions through court dates through eventual disposition of the case. Publicly for all to see. Everything from speeding tickets through divorce cases through felonies.

You can access it through the mo.gov site under judicial branch. It's fully searchable by name, etc. and gives out in my opinion way too much info that's none of anyone's business. You might check to see if this wonderful tool is available through Kansas Courts too.

Muffrider · 05-02-2011, 03:37 PM

Quote:

Originally Posted by 8x6

I don't know about Kansas, but Missouri Courts have a little thing called CaseNet that tracks every detail from arrest charges through motions through court dates through eventual disposition of the case. Publicly for all to see. Everything from speeding tickets through divorce cases through felonies.

You can access it through the mo.gov site under judicial branch. It's fully searchable by name, etc. and gives out in my opinion way too much info that's none of anyone's business. You might check to see if this wonderful tool is available through Kansas Courts too.

Federal courts in KS, yes. State courts, NO.

bartipero · 05-02-2011, 08:01 PM

Not quite, it's federal courts in KS if you sign up for it on PACER, and it depends upon the county as to state courts. Johnson and Shawnee have their own searchable public access sites with docket info, Johnson County S.O. booking info, Wyandotte and Sedgwick are available for a click fee through kansas.gov; Douglas by direct sign up. Most rural county state courts and municipal courts, no. The KBI will do a limited background check from an online request off of their own site. There are probably others, including the metro s.o.'s, but most of those have limited the info to those required to register, like sex offenders.

VinnAY · 05-02-2011, 08:01 PM

Quote:

Originally Posted by Alexxxis

Absolutely true! An ex boyfriend of mine is in the process of getting a position with the Department of State. They called me a few months ago asking all kinds of questions about him...even though he still has his top secret clearance from the Army. They have even called his former elementary school teacher and college professors!

Its all what he entered on the SF86, that's the only way they know to go and talk or visit with people. The only way. I dont want someone to think that the way your response is worded that the "man" some how dug up elementary school teachers because that's all SOP on the 86, they ask for that or a certain number of people that know you.