Pretrial Probation, No Arrest

My question involves a background check in the State of: Massachusetts


I was issued a court summons instead of being arrested for larceny over $250

I was never arrested, but I cooperated and made a statement to the store filing the complaint against me

I was never arrested but a few weeks after the incident happened it was in the paper that I had been arrested

I called the police station and asked about it and they said they had enough information to send me a court summons and the newspaper got it wrong

In court, the Judge offered me pre-trial probation for a year because it was a first offense

Will I pass a background check by an employer?
Will an arrest be on my record?

If the police have told you that there is no arrest record, then there is no arrest record.

Generally speaking, when you get a deferral the charge shows up in your criminal history with a disposition that it was dismissed.

Quote:

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Quoting CORI - How can I get my dismissed case removed from my criminal record?

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It is not often that an offense is completely removed from a person's criminal record. In limited circumstances, a court order will accomplish that result. Contact your attorney or the Records Division of the Office of the Commissioner of Probation at 617-727-6558 to discuss the matter.

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Since you were summonsed and not arrested, you will not have an "arrest record." Your Board of Probation record, which is also referred to as a "CORI" will show an arraignment, probation assignment, and dismissal. Most private-sector employers cannot see this. It is only accessible to law enforcement, criminal justice agencies, and the like. If a job application asks "have you ever been arrested?" You can legally answer No. Likewise, if the application asks "have you ever been convicted?" Again, you can legally answer No. You have the ability to request and obtain a copy of your criminal record.