I am a displaced worker that is currently seeking a new job in the
banking industry.  Unfortunately, I have a recent DUI arrest in
Pennsylvania(Dec 2003).  However, as a first-time DUI offender with an
otherwise completely unblemished record, I was placed in PA's
first-time offender program called ARD (Accelerated Rehabilitative
Disposition) on August 31st of this year.

Being placed into this program means that I am not "convicted" (it
also means I get to expunge my record in a year, but that doesn't help
me now!).  Regardless, it is causing me a great deal of angst as I
apply for jobs.  Many applications ask not only about convictions, but
also about pending charges, or deferment programs, which ARD is.

Some background: honesty has been my policy so far, but I am 100% sure
that honestly answering that I had a pending charge (on a July job
application) cost me a very good job.  The potential employer had
already stated their intention to extend a job offer, and had asked
for references.  Once I faxed them the completed application
acknowledging the charge, I was mysteriously told by HR that they
wanted to interview other people.  Adding to my suspicion was the fact
that the hiring manager gave me a completely different reason.  What
they did was dishonest, and illegal, I believe.

My questions are as follows:

Are employers allowed to discover through background checks information my 
DUI record?  Again, ARD is not a conviction, as I am told.  I need a
definite answer here.  I've read in various places, such as the link
below, that it must be a conviction, but other articles tend to
equivocate.

http://www.businessweekasia.com/careers/content/jul2002/ca20020717_1599.htm

As laws differ slightly by state, I need this answered for states
where I am in the interview process.  Specifically, I need to know
about California and Delaware.  In the future, if I am applying for
other states (PA is likely), I will post it as an additional question
if indeed you find out that the actual state matters.

(As you may guess, I am contemplating answering "no" to questions
regarding the status of my DUI arrests.  While I don't plan to
outright lie, there are cases where the question is worded
ambiguously, seemingly drawing a distinction that I only need to
disclose DUI convictions.)

Obviously, considering the price I am setting, an accurate answer is
VERY important to me.

Additional info: 

the jobs I am applying for pay more than $75K per year.  I noticed in
the FCRA law, which is one of the laws that applies, that that make a
distinction at this salary level.

- i am applying for a marketing job with banks.  I will not be in a
position of handling money, nor will I have access to customer
balances.

A two-time DUI offender from PA replies:

Dude, honesty is ALWAYS the best policy. You would constantly be
looking over your shoulder when you get the job. If they do not want
you because you had a DUI and reported it, then they will not want you
because you had a DUI and didn't report it, and will simply find
another reason to get rid of you. There is ALWAYS a reason to be
found.

I strongly encourage you to just tell the truth--answer the question
as honestly as possible. I have been there. The truth is that the
employers don't know the answer to your questions either--not off the
top of their heads. Perhaps do what I did--don't put it in writing,
but tell them during the interview. By then, they've met you. If they
like you, they won't give a **** whether you've had a DUI or
not--would you?

I'm sorry I'm not providing the answer to your question, but just an opinion.

Oh, and I've been sober for over 12 years now... lying is one of the
worst things you can do to yourself. You spend too much time
remembering to whom you told what.

This is the wrong forum.  There are attorneys who specialize in
employment law and you should contact one.  You can be sure many
others have been in this situation before, and $100 should buy you at
least an hour of Q&A.

Start with yellow pages or local Bar Association.

You can bet your anxiety will come through in interviews, until you resolve this.

Good luck.