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If i am currently undergoing a diversion program do i have to list it in a job application?

Suffolk, VA |

a couple of months ago i got arrested for a misdemeanor and i got put into a diversion program, so now i want to go out and look for a job and i was wondering if i do have to say that i am participating in this diversion program or do i have to wait until i complete the program in order to say that i have never been charged? (sorry if my question does not make a lot of sense this is the best i could word it out)

Attorney Answers 2


  1. Let me correct you first. You have been charged and that will remain permanent, even if the charge is eventually dismissed. You would have to file for an expunction to remove the charge from your record, if you qualify.

    As for your applications, most of the ones I've seen only ask if you have been "convicted" of any crime. So long as that is their question, you are perfectly in the right to answer "no". If, however, they ask if you have ever been "charged", you would have to say "yes", unless and until you are able to have the matter expunged.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


  2. It is worth adding to Mr. Garrett's excellent answer that you are not eligible for an expungement if you were required to plead guilty as a condition of doing the program (which is usually the case for diversion programs like the 251 program or petit larceny diversion). Even if you didn't plead guilty, if the diversion program is a condition imposed by the court (rather than the prosecutor) than you may also not be eligible for expungement.

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