Background Checking - Licensed Professional Counselor

[Hope2BCounselor]

Jurisdiction

North Carolina

Long story short: I was arrested for possession of an illegal substance 10 years ago in California. I entered a deferred judgement, completed the PC1000 program and had the charges dismissed. However, the arrest does come up on a background check. I currently work for a bank, so I know the charges do come up. However, because it does not have to do with fraud, theft, etc. I am employable by a bank. However, I am also a graduate counseling student and want to apply to become a licensed professional counselor associate in North Carolina. After reading the laws regarding licensing, there is a part regarding in the law about possession of a controlled substance. Technically, I was never convicted, but like I said, the arrest does come up on my record. From your legal point of view, will this arrest for possession of a controlled substance, deferred judgement, and subsequent dismissal still be an issue to be a licensed counselor in North Carolina?

 

[army judge]

Long story short: I was arrested for possession of an illegal substance 10 years ago in California. I entered a deferred judgement, completed the PC1000 program and had the charges dismissed. However, the arrest does come up on a background check. I currently work for a bank, so I know the charges do come up. However, because it does not have to do with fraud, theft, etc. I am employable by a bank. However, I am also a graduate counseling student and want to apply to become a licensed professional counselor associate in North Carolina. After reading the laws regarding licensing, there is a part regarding in the law about possession of a controlled substance. Technically, I was never convicted, but like I said, the arrest does come up on my record. From your legal point of view, will this arrest for possession of a controlled substance, deferred judgement, and subsequent dismissal still be an issue to be a licensed counselor in North Carolina?

Any deferred judgment, or ther diversionary sentencing program is legally a conviction.

Beyond the conviction, the arrest records (charges, mugshot, fingerprints, and DNA) are forwarded to the FBI. Once the FBI gets that data, it takes a pardon, or a court order to get the arrest records destroyed.

Contrary to the belief that a deferred program removing a conviction r a plea, the proof is in the pudding you've discovered.

As far as licensing agencies, governmental entities, and certain companies; that program allowed the court to divert you from incarceration.

You can discuss your concerns with the licensing agency in NC, or any other state. In some cases, with the proper explanation, and proof a person has turned his or her life around, such agencies do allow exceptions.

YMMV

 

[adjusterjack]

From your legal point of view, will this arrest for possession of a controlled substance, deferred judgement, and subsequent dismissal still be an issue to be a licensed counselor in North Carolina?

All you can do is apply, explain, and hope for the best.

 

[Betty3]

I would call & ask the licensing agency.