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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.