Judicial diversion on a background check
A court-supervised alternative that can lead to dismissal after specified conditions. Programs differ, including whether there was any plea or finding of guilt.
Short answer
Does judicial diversion show up on a background check?
A court-supervised alternative that can lead to dismissal after specified conditions. Programs differ, including whether there was any plea or finding of guilt. Diversion without a guilty plea is not the fact pattern decided in Aldaco. Where there was a guilty plea, supervision and later dismissal, Aldaco held the record qualified as a conviction under the federal FCRA definition; assess the actual documents.
What judicial diversion means
A court-supervised alternative that can lead to dismissal after specified conditions. Programs differ, including whether there was any plea or finding of guilt.
Can it appear on a background check?
Diversion without a guilty plea is not the fact pattern decided in Aldaco. Where there was a guilty plea, supervision and later dismissal, Aldaco held the record qualified as a conviction under the federal FCRA definition; assess the actual documents.
A court term is not a hiring recommendation. Review the underlying docket and any subsequent orders; confirm accuracy, permitted reporting, and the rules that apply in the work location before making a decision.
The Aldaco decision and deferred outcomes
See Aldaco v. RentGrow, Inc., 921 F.3d 685 (7th Cir. 2019) (Easterbrook, J.). The Seventh Circuit held that federal law, not Illinois's characterization, determines whether the guilty plea in that case was a conviction for the FCRA reporting-time exception. The person pleaded guilty, received court supervision, completed it, and the state court dismissed the charge. The record had not been expunged. The ruling permitted reporting in that case; it does not mean all deferred, diverted or dismissed matters are convictions or that state reporting limits never apply.