Skip to main content

Do I need to answer yes for this question for VA Board of Nursing?

Norfolk, VA |

So I was arrested for simply battery a misdemeanor when I was a Juvenile in FL, I went through a diversion program, completed it successfully and looking to become a nurse in a couple of years wondering if I need to answer yes to this question
d.Have you ever been convicted, pled guilty to or pled Nolo Contendere to the violation of any federal, state or other statute or ordinance constituting a felony or misdemeanor? (Including convictions for driving under the influence, but excluding traffic violations)? Yes ______ No ______. If yes, explain below and have a certified copy of the court order, including evidence that all court requirements have been satisfied sent to the Board of Nursing office.

Yes very confusing to say the least, to be a little more specific I went into the court hearing and was asked if I wanted to enter the diversion program, I never plead guilty or no contest. My papers say approved recommendation of nonjudical punishment and once the diversion program was compeleted it would be dimissed. The Public Deffender did mention that if I did not complete the diversion program then it would go back to the court for a judicial punishment. This happened when I was a Juvenile (17) in Florida.

Attorney Answers 1


  1. It depends on the type of diversion program. Some programs require the person to plea guilty and then the sentence is suspended until the program is completed. Other programs involve postponing the case until completion of the program and then just dismissing the case after successful completion. If you did the first kind of program then you would have to answer "Yes" if you did the second kind of program you could answer "no".

    They key is to remember back to the hearing. Did you have to plea "guilty" or "no contest" or did you just tell the judge that you wanted to go into the program and then never had to answer guilty etc.

    If you can't remember for sure, then go online to
    http://epwsgdp1.courts.state.va.us/gdcourts/captchaVerification.do?landing=landing
    and type in your information and find your case and click on it. Then see whether it says dismissed or convicted or nolle prosequi. If it says convicted then you have to answer "yes"

    If it says Nolle pros of dismissed or anything but convicted then contact the General District Court clerk in the county you were charged and give then your name and information over the phone or in person and ask them whether you entered a plea of guilty not guilty or no contest or alfred plea. If you entered any a guilty or no contest plea then you have to answer yes. Otherwise you can answer no.

    Isn't crazy how complicated this can be?

    Luke J. Nichols
    (703) 383-9222
    lnichols@spectrum-legal.com
    www.spectrum-legal.com

Criminal defense topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics