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Posted by Djbrown January 23, 2009 at 11:03 a.m.

Criminal history, even just an arrest, can show up in prospective employer's background checks

Q. I was arrested for domestic battery and successfully completed a diversion program through the district attorney’s office. I am applying for a job now. Will my arrest show up if my prospective employer does a background check?A. Assuming you are older than 16, your arrest and the resulting court case are all matters of public record. Whether they appear in a background check would depend on how extensive the actual investigation is. Given the almost universal availability of court records on line, I think it is likely the record would appear in even the most basic computer search by a competent investigator.Since you successfully completed the diversion, the charges against you would have been dismissed. So, you can honestly say that while you were arrested, you were not convicted and the charges were dropped. That may satisfy your employer.Depending on how long ago your arrest and diversion occurred, you may be able to have your record expunged. That would mean that all public records of your arrest and the diversion would be removed and would not show up in the kind of search you are concerned about. If your record is expunged, in most situations you would also be able to answer that you had never been arrested. If you are concerned about the effects of your arrest history on your ability to get a good job, I suggest you contact an attorney to explore expungement. You need good information that will apply to your situation and expungement depends greatly on the specifics involved in each case. Expungement is not a right, but rather a privilege and whether an expungement is granted is left to the discretion of the court.Generally, you can’t get a record expunged until three years have passed from the completion and resolution of your legal difficulties. But, the laws are a bit more complicated than that; and, when you can get a diversion will depend on your specific criminal history. An attorney will need a significant amount of information from you to determine which of the Kansas expungement statutes apply in your situation. An attorney can also advise you on strategies to increase the chances that your application for expungement is approved.I hope this was helpful.David J. Brown, Managing AttorneyThe Law Offices of David J. Brown, LC1040 New Hampshire, Suite 14Lawrence, Kansas 66044 785-842-0777 Because every legal situation is different, no response or comment in this blog can be considered legal advice to any one person, even the person who posed the original question that prompted a discussion because the answers will be generalized to provide basic information for all readers. Anyone with a real or potential legal problem should seek the advice of a practicing attorney who is educated and experienced in the area of law in question. Use of this blog does not create an attorney-client relationship between the reader and The Law Offices of David J. Brown, LC.