How should I answer the question: Have you every been convicted of a crime, pleaded guilty, or no contest? as 1st duii...

Asked over 4 years ago - Eugene, OR

This is my first DUII...including conviction and/or arrest and offense. I am currently completing the diversion program in Eugene, OR (Lane County) but I did refuse the breath test so my license is suspended for a year. They dropped several charges at court, I had a public defender assigned to me... I was also charged w/the traffic violations: improper right-hand turn & no headlights.

Additional information

actually i did plead no do i say that? does that mean i have been convicted or charged?do i say duii, first time offender or what?

Attorney answers (3)

  1. Answered . You have not been convicted of a crime. That being said, you can still be convicted of DUII if you fail the diversion program. In the meantime, you can answer that you have not been convicted, but if a potential employer asks whether you have ever been charged with a crime, you would need to answer yes. If they ask for more details, you should explain that you are currently in Diversion and expect the charge to be dismissed when you complete the program. Whatever you do, make sure to complete the program successfully, as you want to avoid the conviction for DUII as a DUII conviction has serious consequences and cannot be expunged in Oregon.

  2. Answered . If you are still in the diversion program, then you have NOT been convicted of a crime. Once you complete diversion, your case should actually be dismissed by the court, almost like it never happened.

    Troy Pickard

  3. Answered . You have not been convicted. You did not plead guilty (did you? Some states have people plead guilty and some do not.) You did not plead no contest.

    These traffic violations do not count as criminal offenses.

    That said, as long as you are on diversion, the case is pending and clearly visible on your record so if the job does a simple background check in the county of arrest, they will find the arrest. You may be better off to explain the situation rather than have them feel that you are misleading them. (On the other hand, if they do not check, then they will not know if you don't tell them.)

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