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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.

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Attorney answers 3


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.



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.


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.


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.
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