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  1. #1

    Default Will Diversion Program Show Up on a Background Check After Completion

    My question involves criminal records for the state of: Minnesota

    Hello,

    Last year in 2011 myself and two other friends were caught shoplifting. We were taken into the loss prevention office where I information was taken. We were then given a citation and told that a court date would come in the mail. Each one of us stole less than $20 worth of merchandise. We paid restitution to the store and went to our court date a few months later. My friends and I both only spoke with the DA and entered into the diversion program. We clearly stated that we wanted to do whatever possible to keep this off our record as it was clearly a mistake that will never happen again. This was first offense for all of us. My friend's both paid their fines and were given paperwork on what they would need to do. (Which was only to pay the fine and stay off the property where the crime was committed for a year) I did not have enough money to pay my fine at that moment so I took a continuance and came back to court a month later. I immediately spoke with the DA and paid my fine. I was given no paperwork what soever and only a receipt for the fine that I paid. A few months later I ended up calling the property where the crime had happened and asked the security office if I was on the banned list. They told me that there was two lists, one from the court and one from the property itself. My name was not on either. This confused me because I was told that I would not be able to go there for a year. However, when I signed the paperwork with the DA, it said nothing of the sort to me about not being able to go to this property for a year. I also was not given a copy of the paperwork I signed. However, my friends were given copies and the paperwork had said that they could not be at the property for a year. This alone was very confusing.

    Since then we have all gotten jobs and one friend got an apartment as well. It would seem that nothing was showing up on our background checks. However, about a month and a half ago one friend of mine applied for an apartment and got denied. The complex claims that they had found record of the theft charge and now we are all quite worried about our futures. We were all told that after the diversion program was completed that we would not have anything on our record. Were we lied to? What should we do now to keep our records clean? I know you may have heard this before, but please understand that this was a one time mistake and we are all just wanting to move past it.

    I thank you for your time and advice.

  2. #2
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    Default Re: Will Diversion Program Show Up on a Background Check After Completion

    We should infer that this was not a juvenile court matter?

    Diversion can occur with or without your being charged. If you are charged, there will be a record that you were charged. If you were not charged and successfully completed the diversion program so as to avoid being charged, then there would be no criminal record. (The police and prosecutor would still have a record in their files.)

  3. #3

    Default Re: Will Diversion Program Show Up on a Background Check After Completion

    This was not a juvenile case. We were told that this was the best option to avoid anything showing up on our record as this was a first offense for each one of us as well. The diversion program was successfully completed just this past summer and when we spoke with the DA at our first court date, each one of us expressed that we wanted to keep this off our record. In which, the DA said,"Alright, the diversion program then." However, it seems to be showing up on one of my friend's records and the other friend and myself are worried /concerned for our records as well. We were told it would not appear after completion. So why could it be now? I plan to go to the court house and look into my case but I was never given paperwork either... This whole thing is extremely confusing.

  4. #4
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    Default Re: Will Diversion Program Show Up on a Background Check After Completion

    I can't see your friend's record from here, and you still haven't told us if the diversion program you completed was one that occurred before or after charges were formally filed.

  5. #5

    Default Re: Will Diversion Program Show Up on a Background Check After Completion

    The event occurred in May 2011. We were given citations and paid restitution to the store and then received a court date for August. We went to the court date, talked with the DA and entered into the diversion program. So from my understanding, we may be been charged but not convicted? I am not sure it works entirely. Given that I was not given any paperwork either, my understand of the whole situation is not what it should be.

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