by Anonymous on June 24th, 2006

Anonymous

Question

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If a CA Community College as a potential employer requests my background check while I am in the interim period of DEJ (deferred entry of judgment) will a conviction show?

Answers. 2 helpful answers below.

  • by Anonymous on May 5th, 2008

    Anonymous

    No. A determination of guilt made in a court is called a judgment. A deferred entry of judgment means the court holds off on entering judgment (and dismisses the case if you meet certain requirements, thus never entering judgment). Hence, you will not have a conviction because you have not yet been convicted.

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  • by Answer Guy on May 5th, 2008

    Answer Guy

    Old question, but I'll clear it up -

    DEJ = "Deferred Entry of Judgment". It's also known as Diversion. In California, a person charged with certain drug crimes (generally, personal use crimes, NOT sales cases) have an opportunity to go through the DEJ. They plead guilty and are then ordered to go through a series of classes. The sentencing is put off for 18 months and the case is continued. They must come back to court and show proof of completion of those classes within 6 months. If they complete the program, stay out of trouble and have no positive drug tests for 18 months from the date of their plea, they can go back to court and get the case dismissed.

    If that happens, there is a provision under the law that a person is legally entitled to say they were never convicted of the offense. They can even go so far as to say they were never arrested for the offense (except it must be disclosed in employment applications for government jobs and to certain licensing agencies). If an employer ran a records check, there is a good chance the arrest would show up on your criminal history with no disposition. It will NOT show up as a conviction, because even though you enter a plea of guilty to get referred to the DEJ program, a conviction isn't final until sentence is imposed.

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