Legal Question in Criminal Law in Indiana

misdemeanor pre-trial diversion

I successfully completed a one year pre-trial diversion program for a minor consumption (of alcohol) violation. I am completing a job application and need to know if this offense must be listed in the section titled, ''Have you ever been convicted of a crime other than a minor traffic violation.'' Has this offense been cleared from my record or should I list it on the application?


Asked on 11/01/04, 1:09 pm

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: misdemeanor pre-trial diversion

The sucessful completion of a diversion program means the charge(s)were dismissed. That is, that there is no conviction. It does not mean that the record will not reflect the arrest, but that there is no conviction and the matter was dismissed. The key to answering such a question is whether it asks if you have ever been arrested or just convicted. If it just uses the word convicted, then the answer would seem to be no, you have not been convicted.

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Answered on 11/01/04, 1:44 pm


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