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Will a plea in abeyance show up on my record?

December 21, 2022 by stephenh

While a plea in abeyance generally results in your charges being dismissed, that doesn’t mean that they automatically disappear from government records.

Employers generally request one of two different types of pre-employment criminal background checks. More often than not they may request a background check that only lists your convictions. If a plea is held in abeyance, the court dismisses the charges and does not convict you, so it would not be listed on this background check.

However, your case history is still on public record. Sometimes an employer may request a more in-depth criminal background check, which would include arrests, active warrants, and court cases. In this type of criminal background check, a plea held in abeyance can still show up, even after it has been dismissed..

In order to “erase” something from your criminal record, an expungement is required. If thirty days have passed since your arrest and your case has been dismissed, it may be eligible for expungement. Once a record has been expunged, it should not appear on public records or on a criminal background check.

Filed Under: Defense FAQ

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