If your charges were deferred what exactly does a potential employer see when they perform a background check?

UPDATED: Dec 2, 2011

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If your charges were deferred what exactly does a potential employer see when they perform a background check?

Almost 5 years ago when I was young and dumb, I was charged with embezzlement. One felony count and four misdemeanors. I paid the approximate $1300 back and entered a 2 year deferral agreement. My lawyer at the time said that after the two years were up, that the charges would pretty much disappear. I got myself together, and am now back in school, and close to graduating. Now is the time for me to start applying for jobs, and one application that I sent came back with a copy of my background check, showing reason as to why I was not being hired.

Asked on December 2, 2011 under Criminal Law, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Typically if one has charges for a crime deferred over a period of several years where for all intents and purposes the accused is on "court probation" and the accused is successful in completing the deferral period with no problems, then technically there would be no conviction.

In your circumstances the charges essentially are still pending. I recommend that you consult with your former criminal defense attorney about your prior action and have him or her file a petition to have your action dismissed assuming you have completed the deferment without any incident and if successful, have the action against you sealed.

That should assist you in future employment searches.

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