ANSWERS: 3
  • Since you didn't specify where you are, I can answer based on California law - it may give you guidance on your situation. In California, first-time drug offenders are given a chance to earn a dismissal in their criminal case by pleading guilty up front, then attending a series of classes. If they complete the classes and stay crime free for 18 months, their case will be dismissed. It's referred to as "deferred entry of judgment" because the defendant pleads guilty, but sentencing is put off for 18 months pending successful completion of the classes and remaining crime free. If they fail, sentence ("judgment") is no longer deferred, but is imposed. Under California Penal Code section 1000.4, upon successful completion of the diversion program and upon case dismissal, the arrest is then deemed to have never occurred. It even goes so far as to say in the law that a defendant "may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted deferred entry of judgment" for the offense (with certain exceptions for certain government jobs and law enforcement jobs). The code section also says that "the record pertaining to the arrest shall not, without the defendant's consent, be used in any way that could result in the denial of any employment . . ." Hope this helps.
  • Legally no, you don't have to report being arrested nor are they allowed to ask. Realisticly smart bosses snoop and they might end up finding out without supposing to. Who knows.
  • It is not supposed to show up provided you've completed all of the required classes and payments. BUT, most employers know that they don't have to pay for a criminal/credit check, since they are public record. All you need is a name and date of birth and your whole crimnal record shows (including traffic tickets etc.). The terrible thing is that all charges will show including those that were dismissed, deferred entry of judgements, expunged cases etc. They show. The law says that they can't hold employment if you have completed the Deferred Entry of Judgement, but if an employer has a stack of applications, and all the others don't have charges, what do you think he/she's going to to? Sad but true! I see it everyday! I am a Drug and Alcohol Counselor who also has a special group that deals with job seeking. It is a terrible problem for these offenders. We live in an unforgiving world! Hang in there, things do get better.

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