Legal Question in Criminal Law in Tennessee
I have been put on a diversion and trying to explain to my boss that a diversion and probation is not the same thing so I can keep my job. But they keep saying its the same thing. So is a diversion and probation the same thing?
1 Answer from Attorneys
A person can be placed on diversion without being placed on supervised probation. The key to any diversion is that there is no finding of guilt. You criminal record does not show any conviction.
That said, 99.9% of the time, a person will be required to go on supervised probation during the term of the diversion.
The key difference your boss needs to know is this:
You have not been convicted of a crime. That is, no judge has ruled "I find you guilty and enter a judgment of guilt."
You are still awaiting final disposition of the charge (which you hope will be dismissal and expungment).
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