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How Does a Deferred Sentence Show Up in Background Check

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  • 10-20-2011, 09:54 AM
    Meowmix
    How Does a Deferred Sentence Show Up in Background Check
    My question involves labor and employment law for the state of: Michigan

    I pled guilty to retail fraud 3rd degree and am currently serving a deferred sentence under MCL 771.1. I was assured by my attorney this was the best possible outcome and will give me a 'clean slate' to move forward and become employed, but I'm skeptical of what/how this shows up on a background check. Will there be some places that will not hire someone who has received a deferred sentence and is technically not convicted?
  • 10-20-2011, 10:57 AM
    Mr. Knowitall
    Re: How Does a Deferred Sentence Show Up in Background Check
    If you are charged with a crime, get a deferred sentence, and the disposition is a dismissal, you can expect that your record will show exactly that.

    Each prospective employer has its own policies in relation to how it will respond to information from an applicant's criminal history.
  • 10-20-2011, 03:29 PM
    drthyrd
    Re: How Does a Deferred Sentence Show Up in Background Check
    Anticipate the offense date, charges, your guilty plea, plea date, and the details of your deferred sentence will show in a criminal background check if it is pulled through any of the Consumer Reporting Agencies at least for as long as you are under the sentence and possibly longer. Whether or not that impacts your ability to be hired depends on the organization. If you are not hired based on information an employer receives in the background check, you should receive an adverse action letter advising you of such and you should receive a copy of the report.
  • 10-21-2011, 07:33 AM
    Meowmix
    Re: How Does a Deferred Sentence Show Up in Background Check
    What about after the case is 'dismissed' once my probation ends. My attorney has advised me that we will run a background check a month after my I've completed my sentence to verify all is as it should be. Would all of those details still be included once it's successfully completed and entered into the court records as dismissed? I thought that it would just show a record of 'dismissed' once all is said and done, at least that is what my lawyer has said. He acts like this is no big deal and won't affect my future employment opportunities, but again, I'm skeptical.
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