Legal Question in Criminal Law in California
I was arrested for possession of cocaine in CALIFORNIA. First time offense. I went through the diversion program and case was dismissed. Am I supposed to register myself as a drug offender?
1 Answer from Attorneys
Not if you successfully completed diversion.
Under California Health & Safety Code 11590, people convicted of certain drug offenses have to register with their local law enforcement agency, in a process that is similar to sex offender registration.
The diversion program is described in Penal Code 1000. You enter a guilty plea, but the judge continues sentencing for 18 months to three years. If you complete a required drug education program and generally stay out of trouble, the case is dismissed at the end of the diversion period. If you screw up, the judge accepts the plea and finds you guilty.
Unless you plea is accepted, you are not convicted. Since you successfully completed diversion and your case was dismissed, you were never convicted and are not required to register.
(IMPORTANT NOTE FOR NON-CITIZENS: For immigration purposes, you are considered convicted as soon as you enter the guilty plea. You are not considered convicted once the case is dismissed, but until then, you are in danger of deportation. Discuss this carefully with your lawyer.)
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
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