41. Can employers see my discharged First Offender case?

Employers obtaining criminal history information from GCIC will generally not be able to see discharged First Offender cases, but there are exceptions. If you are applying for a job to work with children, the elderly, or the mentally ill, then employers will be able to see discharged First Offender cases for certain sexual offenses. Also, certain state licensing agencies can see discharged First Offender cases on your record. Your First Offender case remains on your criminal history while you are still on probation and is only sealed after successful discharge.

Court records of First Offender cases kept by the clerk of court remain publicly available after discharge. The First Offender Act requires that the clerk stamp the file to indicate discharge and exoneration, but because the records remain publicly available they will continue to show up on private background reports.

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