Deferred Prosecution
Deferred prosecution is a legal agreement in which a prosecutor delays or suspends criminal charges against a defendant, typically in exchange for the defendant meeting specific conditions such as rehabilitation, restitution, or community service. If the individual fulfills these requirements, the charges may be dismissed, meaning no conviction appears on the record.
Compliance note
- Deferred prosecution cases may still appear in background checks, depending on state reporting laws and record sealing rules.
- Employers must review deferred cases carefully and avoid automatic disqualification to comply with EEOC fair hiring guidance.
- The Fair Credit Reporting Act (FCRA) requires consumer reporting agencies to report accurate and up-to-date information, including the final disposition of any deferred prosecution.
- Adjudication decisions should be consistent and documented to prevent potential claims of discrimination or negligent hiring.
Related Terms and Posts
Frequently Asked Questions
Q: What does deferred prosecution mean on a background check?
A: It means charges were filed but placed on hold pending the completion of specific requirements. If the conditions are met, the case may be dismissed and not result in a conviction.
A: It means charges were filed but placed on hold pending the completion of specific requirements. If the conditions are met, the case may be dismissed and not result in a conviction.
Q: Will a deferred prosecution show up during employment screening?
A: It may appear depending on state reporting laws and whether the case has been sealed or expunged. Employers should interpret such results carefully under FCRA and EEOC guidelines.
A: It may appear depending on state reporting laws and whether the case has been sealed or expunged. Employers should interpret such results carefully under FCRA and EEOC guidelines.
Q: Can a deferred prosecution disqualify a candidate from employment?
A: Employers should assess deferred cases individually, considering job relevance, state laws, and time elapsed, rather than imposing blanket exclusions.
A: Employers should assess deferred cases individually, considering job relevance, state laws, and time elapsed, rather than imposing blanket exclusions.
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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