Does Adjudication Withheld Show Up on Background Checks?
The short answer is: it depends. Whether an adjudication withheld (AW) shows up on a background check is complex and varies significantly based on several factors, including the state, the type of background check, and the specific employer. Let's break down the intricacies to provide a clearer understanding.
What is Adjudication Withheld?
Adjudication withheld is a legal disposition in some jurisdictions, typically related to criminal cases. It means that while charges were filed, the court decided not to proceed with a formal conviction. Instead, the case is dismissed, often contingent on the defendant successfully completing specific conditions like probation, community service, or counseling. Essentially, the charges are "held" pending successful completion of these terms. If the defendant successfully fulfills the conditions, the charges are usually dismissed, and the case is sealed. However, this doesn't mean it completely disappears.
What Types of Background Checks Exist?
It's crucial to understand that "background check" isn't a monolithic entity. Different checks reveal varying levels of information. These include:
- Criminal Background Checks: These focus primarily on criminal records. The scope can differ vastly depending on the jurisdiction and the database accessed. Some checks are limited to convictions, while others may include arrests, charges, or even AW dispositions.
- Employment Background Checks: These often include criminal history but may also incorporate other information, like employment verification, education verification, and credit history. The specifics depend on the employer's policies.
- State-Specific Background Checks: Different states have different laws and regulations regarding the reporting of AW. Some states might explicitly prohibit reporting AW, while others may permit it under specific circumstances.
Will an Adjudication Withheld Show Up on a Background Check?
This is the core question, and the answer is nuanced:
- Possibly, depending on the state and the type of background check: Some states allow or require reporting of AW, even if the case was ultimately dismissed. This is particularly true if the background check accesses comprehensive databases encompassing all case records, not just convictions. Employers in these states may see this information.
- Possibly, depending on the specific background check provider: Different background check companies have varied access to databases and may utilize different search parameters. One company might reveal the AW, while another may not.
- Likely not if the case was sealed and the background check only shows convictions: If the case was successfully completed, the charges dismissed, and the records sealed, the AW is less likely to appear on a background check that only shows convictions.
How Can I Find Out if My Adjudication Withheld Will Show Up?
There's no foolproof way to know for certain without conducting a background check yourself. However, reviewing your local court records might offer clues. You can contact the court clerk in the jurisdiction where the case was adjudicated to inquire about the specific details of your case and whether the information is likely to appear on background checks.
What if an Adjudication Withheld Shows Up?
If your AW appears, be prepared to explain it honestly and proactively during the application process. Highlight the successful completion of the terms of the agreement and emphasize your rehabilitation and commitment to responsible behavior. Your explanation and overall record will play a significant role in an employer's decision.
Disclaimer: This information is for educational purposes only and is not legal advice. It's crucial to consult with a legal professional for personalized guidance regarding your specific situation. The information provided here is based on generally understood principles, but laws and practices can change and may vary by jurisdiction.
