Iwas arrested for domestic battery and successfully completed a diversion program, what must I disclose on a job application?

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Iwas arrested for domestic battery and successfully completed a diversion program, what must I disclose on a job application?

If I completed a diversion program can I answer no to all these questions on a job application: Have you ever been convicted of a felony or a first-degree misdemeanor?; Have you ever pleaded nolo contendre or plead guilty to a crime which is a felony or first degree misdemeanor; Have you ever had the adjudication of guilt withheld for a crime which is a felony or first degree misdemeanor?

Asked on September 19, 2011 under Criminal Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It depends on how your diversion program works and if those questions also ask you if you were arrested for such criminal activity. If the diversion program is set up such that successful completion thereof will allow you to have the history of the arrest and hearing sealed or expunged, then yes you can check no to those items. However, before you do respond no, make sure you check with your attorney about this diversion program to ensure that a) you did successfully complete the program and the court and proper authorities have been made aware you successfully completed the same and b) that if the records were to be sealed or expunged, that such occurs.


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