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Pre-Trial Diversion and Criminal Record Disclosure

Seattle, WA |

In 1996, I was arrested and charged with Theft 1 in Washington State. I successfully completed a Pre-Trial Diversion program, and the charge was dismissed.

I am currently seeking employment and need to complete a Criminal Record Disclosure. The form requests that I list, "Convictions, Guilty or Nolo Contendere Pleas, and/or Deferred Judgments or Adjudications".

Am I required to list this offense per the wording of the request?

Any assistance would be greatly appreciated.

Thank you.

Attorney Answers 3

Posted

It all depends. If you were actually charged with theft in the first degree, that is a class B felony and no "pre-trial diversion" is available. In King County, however, there is the opportunity to do what is called an "expedited." Typically this requires you to plead guilty to a misdemeanor.

If you were actually charged with theft in the third degree, you may have entered a "pre-diversion." The question you are being asked by the employer is very broad. However, if it was a true pre-trial diversion on a misdemeanor, you were not convicted, didn't plead guilty and this was not a deferred judgment or adjudication. Although I believe you can truthfully answer that question "no," be prepared for the employer out find out about the 1996 case and be prepared to explain why you didn't disclose it.

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Posted

Thank you for your response. I was charged with theft in the "first" degree in Thurston County. "Pre-trial" diversion is what I completed. No plea was entered and I was not convicted of a misdemeanor. I have retained copies of all court documents to support this.

Posted

If you truly entered into and got a dismissal from the diversion program then yes. I think what Len is questioning is whether you actually did a pre-trial diversion on a Theft 1 felony... You might want to follow up with your paperwork from the 1996 case or have an attorney research it so you can answer the question in an informed manner.

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Posted

Very unlikely you did a pretrial diversion on a theft 1. How much did you steal? That's the easy way to make an educated guess on whether this is theft 3 or 1. But for a complete answer you'll need a defense attorney to review your record.
At your service,

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