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If I completed a pre-trial diversion and had my case dismissed is it considered a conviction?

Killeen, TX |

In May 2012 I completed a pre-trial diversion for a posession charge from November 2010. I've been filling out job applications since graduating from college and have been answering "No" to questions regarding any previous conviction(s) other than minor traffic violations because the case was dismissed. My question(s): If I went through the pre-trial diversion and had the case dismissed would this case/arrest show up when a potential employer performs a background search? Should I be answering "Yes" to the questions on applications? I've had zero luck post-graduation in finding any secure employment and have been wondering if this could possibly be the reason. Thank you for your time.

Attorney Answers 3


  1. If it was a true pre-trial diversion, you would not have a conviction for the charge. You would answer no because there is no conviction. Unless you get the charge expunged, the "arrest" will still show up on public records. Depending on the terms of the pretrial diversion, you need to get an expungement, which is in order to destroy all evidence of the charge like it never happened. Employers could turn you down simply for being arrested, even though you don't have a conviction. Get an expungement so nothing ever shows up.


  2. It is not a conviction but unless you get it expunged it will show as an arrest. Once expunged, except for certain federal purposes, it's essentially erased and won't show up.

    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com


  3. How you answer depends on what you are being asked. No, you don't have a conviction. Yes, you have been arrested. The case will show up on your record until you have it expunged, which you will be eligible to do two years from the date it was dismissed.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.