Background Checks and Deferred Sentence

[Tandcc]

My question involves labor and employment law for the state of: Colorado

"I plead guilty to disturbing the peace and distruction of private property, I received a deferred sentence and 1 year probation. How does that come up on a criminal background check? I am unemployed and looking for a job. Do I have to answer yes to the "have you been convicted or plead guilty " question on the application?
Thank you
Tandcc

[ESteele]

Did you complete the diversion disposition, i.e., the one year probation? If so, you can probably “truthfully” deny the existence of a conviction based on the disposition. However, to be prudent, you should check with the attorney who represented you in connection with these criminal charges.

Even if the diversion program allows you to deny the existence of a conviction, the underlying charges and diversion disposition will likely remain on your record and can show up on a background check. To eliminate this prospect, you should explore the possibility of having these charges expunged.