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I completed a pretrial diversion in California? On a job application in CO, can I say no to receiving a deferred prosecution?

Denver, CO |

I did some further research into this and I found out that upon completion of the diversion program my case actually was not filed. The county in CA where I did pretrial diversion, Santa Clara County adopted a new policy on petty theft diversion for first time offenders in July 2012. If the diversion program was completed successfully then the case would not be filed in court.

I confirmed this by looking at the Santa Clara County case index of criminal cases filed in court, and my name/case number had no history available.

So if my case is not even filed in court, can I say no to a deferred prosecution?

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Attorney answers 1


In Colorado diversion and deferred prosecution are also different. I believe based on the information you provided that you can honestly answer that you have not had a deferred prosecution. If for some reason they find this other case, they may fire you for the what they feel is not an honest answer, however, you can certainly point out that you weren't sure how to answer, so you researched it and that looked correct. *(However, you will probably be an at will employee which means you can be fired at any time even without a reason, so their ability to fire you if they don't like your answer, really doesn't matter.)

This legal information is provided for general legal purposes and does not establish a client-attorney relationship. Because of the limited information provided in the question, it is difficult to be certain that Counsel is answering the question correctly. You are encouraged to seek further information from an attorney directly so that follow up questions may be asked if necessary.

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