Is Probation before Judgement Public Record?

Full question:

I was recently denied employment because I had a Probation Before Judgment (in 2003) on a record background check. I thought this was a Non Public Record and was it proper for them to use this as a reason to not hire me.

Category: Criminal
Subcategory: Expungement of Criminal Records
Date: 04/07/2025
State: Georgia

Answer:

A probation before judgment (PBJ) is typically not considered a conviction as long as the person fulfills the terms of the probation. Therefore, a person may truthfuly say no if asked on an employment application whether he has ever been convicted of a crime. However, a potential employer may ask on an employment application whether the applicant has received a PBJ. A potential employer may even deny employment based on a record of an arrest for which the person was found innocent or the charges were dismissed.

The information regarding the sentence of PBJ generally isn't prohibited from being disclosed unless the record has been sealed or expunged. A person seeking expungement of a criminal record needs to follow the expungement procedures of the state in which the sentencing for the offense occurred.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does a judgement show up on a background check?

Yes, a judgment can show up on a background check. Civil judgments, like those from lawsuits, are typically public records and can be accessed by employers during background checks. However, the specifics can depend on the type of background check conducted and the laws in your state. It's important to check your state's regulations regarding what information can be disclosed.

What would make you fail a federal background check?

Failing a federal background check can occur due to various reasons, including a criminal record, inconsistencies in your application, or failure to disclose relevant information. Specific disqualifying factors may include felony convictions, certain misdemeanors, or a history of fraud. Each agency may have its own criteria, so it's essential to understand the requirements for the position you're applying for.

Does probation show up on a background check?

Yes, probation can appear on a background check, especially if it is related to a criminal conviction. However, if you have successfully completed probation and it was a probation before judgment (PBJ), you may not have to disclose it as a conviction. Employers may still inquire about your probation status, so it’s important to be aware of how it could impact your job search.

What will disqualify me for an employment IRS background check?

Disqualifications for an IRS employment background check can include felony convictions, especially those related to financial crimes, tax evasion, or fraud. Additionally, discrepancies in your employment history or failure to meet the educational requirements for the position may also lead to disqualification. Each case is evaluated individually based on the position's requirements.

Does non-adjudication show on background check?

Non-adjudication, which means charges were not formally adjudicated, may not appear on all background checks. However, it can still be disclosed depending on the specific background check and state laws. If the case is still open or has not been resolved, it might show up. Always check your state's regulations regarding the disclosure of non-adjudicated cases.