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Is pre-trial diversion considered a suspended sentence?

El Paso, TX |

I am currently applying for a city job where they are asking on the application, "Have you ever been convicted of a MISDEMEANOR or FELONY and/or placed on probation, fined or given a suspended sentence such as deferred adjudication in court?" Now regrettably I made a mistake 3 years ago and charged with a class b theft misdemeanor. I completed a PTD program and the record has been "destroyed" but the charge is still visible and mentions completion of PTD. Is this something I have to put into my application? Is pre trial dismissal a suspended sentence?

Attorney Answers 4


You need to expunge that case so it will be completely wiped off your record!!

Anyway, you have not been on a suspended sentence (which means probation or deferred). Your case was reset for you to fulfill a contract of obligations which then resulted in a dismissal.

Cynthia Henley

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9 lawyers agree


No. You do need to get your record expunged.

Austin Expungement and Jail Release Attorney

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,

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5 lawyers agree


I agree with Ms. Henley and Mr. Jones. You need to get with a lawyer who handles expunctions and discuss the possibility of seeking an expunction.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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3 lawyers agree


No your Pretrial diversion program and dismissal are not considered convictions or suspended sentences/probation. Under those circumstances as you have described, you would not have to list that situation. I agree with the other lawyers that you need to speak to an attorney about an expunction. Good luck!

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