Diversion

Diversion is a legal process that allows an individual charged with a crime to complete specific requirements—such as counseling, community service, or rehabilitation—instead of proceeding to trial or receiving a conviction. When successfully completed, diversion programs often result in the dismissal of charges, meaning no conviction appears on the individual’s criminal record.

Compliance note

Diversion cases may appear on background checks even if charges were later dismissed, depending on the reporting jurisdiction and record update timelines.
Under the Fair Credit Reporting Act (FCRA), employers must use such information responsibly and provide applicants the opportunity to dispute inaccuracies.
Employers should consider Equal Employment Opportunity Commission (EEOC) guidance to ensure fair hiring practices when evaluating diversion-related records.
Some states restrict the use of diversion or non-conviction records in employment decisions; employers should confirm applicable local laws.

Authoritative source

Frequently Asked Questions

Q: What does “diversion” mean in a criminal background check?
A: Diversion refers to an alternative program that lets defendants complete certain requirements instead of being convicted. If completed successfully, charges are typically dismissed.

Q: Will a diversion program show up on my background check?
A: Sometimes. It depends on the jurisdiction, the type of background check, and how quickly court records are updated after program completion.

Q: Can employers use diversion records in hiring decisions?
A: Employers must comply with the FCRA and EEOC guidance. Many states restrict the use of diversion or non-conviction records, so employers should apply consistent, job-related criteria.

DISCLAIMER: The information provided in this glossary is for general informational purposes only and should not be construed as legal advice. While we strive for accuracy, EDIFY Background Screening does not guarantee that the definitions or explanations are complete, up to date, or error-free. Employers should always consult with competent legal counsel to ensure compliance with applicable laws and regulations.

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