Legal Question in Criminal Law in California

Do I have a Conviction?

On Jan.11th, 2001 I was arrested for ''under the influence of a controlled substance''. The Califonia Court offered me Drug Diversion, After succesfully completing that, the incident would be wiped off my record as though it never happened. My question is this: I am appyling to be a Nevada Correctional Officer, do I have to release this incident to them, or is NOT a conviction since it was DIVERTED? Also if I dont tell them will it still show up? And how long untill this falls off my permenant record if ever? I dont want to blow my chances on this and believe me I have cleaned up my act. ANY and ALL information on Drug Diversion laws and Misdameanor criminal acts would be GREATLY appriciated.


Asked on 12/06/06, 6:02 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Do I have a Conviction?

Falls off?? Dream on. Dismissed convictions and diversion dismissals are 'on the record' forever, and count as priors if you're arrested again. They are merely unavailable to private employers. For purposes of private employment applications you get to say 'no' to convictions, BUT not on govt job or licensing applications. Lying there will get you rejected and barred from such employment or licensing for 'perjury', and THEY CAN see the records. In reality, few law enforcement agencies will ever consider a convicted person for hire. You should check with any you are interested in before investing a lot of time and emotion in such plan.

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Answered on 12/06/06, 7:22 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Do I have a Conviction?

The drug diversion is not a conviction. The procedure is that you plead guilty and the court does not enter the judgment is you complete the program. Upon completion of the program the court withdraws the guilty and dismisses the case. Since this occurs prior to the judgment the case is the same as any case in which you are arrested and the case is dismissed.

In regard to the application for the correctional officer job, just honestly answer the questions. This should show up on your back ground check. If there is only one incident on your record it may not make any difference.

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Answered on 12/22/06, 2:14 am


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