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In Texas, is the Misdemeanor Diversion Program considered probation?

El Paso, TX |

I am currently still part of the program and have recently found myself in a position for federal employment. I am trying my best to answer all questions honestly, but there is one that has me very unsure. The question that asks if I have in the last 10 years, been convicted, imprisoned, on probation, or on parole, and I am unsure how to answer in regards to the program. Any help is greatly appreciated.

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Attorney answers 4

Posted

Pretrial diversion programs are not probation. You should be able to answer "No" to that question.

Posted

Steven pointed you in the right direction. Best of luck

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Posted

From our perspective as criminal defense lawyers, the answer is clearly no. However, the standard used by employers is not necessarily the same. I did a quick check and saw a pretrial diversion program for certain offenses involving trustworthiness bars employment with the FDIC: http://www.fdic.gov/regulations/laws/rules/5000-1300.html . I think you are going to have to see the individual agency's rules. This question would be better asked in a different forum, probably employment law.

Phillip Wayne Goff

Phillip Wayne Goff

Posted

It's just an educated guess, but a pretrial diversion for a DWI misdemeanor will probably be okay for the vast majority of federal jobs.

Posted

I agree Steven and the answer he gave. Good advice.

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