Legal Question in DUI Law in Texas

Pre trial diversion

I am applying for a position in Ohio and as part of the background check they ask for information on prior arrests. I was arrested for dui in March of 2002. The case was dismissed under a pretrial diversion. The application states to not disclose anything if the case was either expunged or falls under deferred adjudication. Does a pre trial diversion fall under a deferred adjudicaiton? Do I have to disclose the arrest if I had a pre trial diversion? Thank you.


Asked on 11/17/06, 11:58 am

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Pre trial diversion

Does a pre trial diversion fall under a deferred adjudicaiton? Not exactly, but it is handled similarlly in that it is not a final conviction, but there should be no entering of even a plea papers, i.e., with guilty or Nolo Contendere to the offens, much less is there any entrance of any judgment or sentence.

Do I have to disclose the arrest if I had a pre trial diversion? Under the scenario you have proposed, the answer is no you do not have to disclose the DUI, because there is no plea, no conviction, and the case was dismissed. However, I would recommend to you that you hire a good criminal attorney in your area to file a Petition for Expunction and get that charge expunged off of your record. Once you have turned 21 yoa and have no other alcohol contacts, you are entitled to have that offense expunged. Good Luck

Read more
Answered on 11/17/06, 12:48 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Texas