I went to a diversion program to avoid a conviction, can this still show up on my background check?

Diversion Programs and Background Checks

Background check companies can report information about non-convictions for up to seven years. This includes diversion programs. However, any information has to be accurate.

So, if the background check company is reporting a diversion as a conviction when in fact there was no conviction, that report may be inaccurate and therefore illegal. Whether a specific kind of disposition of a criminal incident can be reported is usually a question that has to be answered with reference to the law of the state where the criminal incident occurred.

Background Check History Beyond Seven Years

After seven years has passed, background check companies can only report criminal convictions. So, if it has been more than seven years since your diversion was granted, nothing about that incident should be appearing on your background check.

Each state uses slightly different terminology to refer to diversion programs. Some terms used to refer to diversion, or deferral, programs include: stay of disposition, stay of imposition, deferred adjudication, deferred sentence, diversion, conditional probation, and conditional plea.

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