Legal Question in Criminal Law in Tennessee
currently on probation for theft under 500...during the hearing I asked for diversion so it would be expunged. I am trying to get employed but it is flagging on my background report
1 Answer from Attorneys
You say you asked for diversion, did you get it?
If yes, was it pretrial or post-trial?
(If it was pretrial, you never had to plead guilty, if it was post-trial you had to at least
offer to plead guilty).
Job applicants are not supposed to be asked for arrests, only convictions (an actual finding of guilty),
and a person on diversion has not been found guilty, they are not "convicted" of the charge.
There is no way for you to keep an employer from finding out background information on you,
including the reports/mugshot that may have appeared in a local newspaper or web site.
What you can do is make it clear that you have NOT been convicted, that you have a clean
record (if you didn't have a clean record, you couldn't get diversion), and you can be
trusted to do the job for which you are applying.
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