Will Pre-trial diversion hurt my job search?

Good Morning:

I received a misdemeanor public intoxication and felony obstruction of an officer over 2 and a half years ago. I am on my states pre-trial diversion program. I know this is going to show up on a criminal background check until I complete the program next February. Will a company not hire me even though I have never been convicted and just charged? My case is open until I complete the pre-trial program.

Thanks for your help.

Regards,

J

Will Pre-trial diversion hurt my job search?

Hello J,

Generally speaking, Pre-trial Diversion is usually used for first time offenders of lesser crimes. There are certain terms (usually probation and a fine) attached to pre-trial diversion that must be met. Once the terms are met, the charges are then dropped.

In most cases, employers only ask about convictions and not charges. Always pay attention to the wording on applications.  If the application asks for charges, list your charges.  If it asks for convictions, only list convictions.  Since the charges will be dropped, there is no conviction.  In my professional opinion, this will be a non-issue.  I wouldn't worry too much about it.

If it still bothers you, find out if expungement is an option in your state.  Expungement is a legal process that will hide your charges from public view.  To get more information, I suggest you contact your local legal aid office to see if this is an option for you.  If so, they may offer assistance getting it done.

I hope this helps.

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Will Pre-trial diversion hurt my job search?

Can a Ex-offender get a job with Pre-trial Intervention?

Can a Ex-offender get a job with Pre-trial Intervention?

If I do pre-trial intervention and then all my record gets sealed once I complete the courses, what do I have to say in an interview when they ask about anything on my criminal record they should know about?

Kayla

 Can a Ex-offender get a job with Pre-trial Intervention?

Hello Kayla,

Pre-trial intervention is usually offered to first time offenders whose offenses are not that bad.  In different states it may have different names such as, Deferred Adjudication, Deferred Judgement or Deferred Sentence. There are terms associated with pre-trial intervention, usually a fine and probation.  In most cases when the terms of pre-tral intervention are met, the charges are essentially dropped. Because the charges were dropped, there is no conviction. Record of this can only be seen by the court system, law enforcement and certain government agencies. There will always be a record of the initial charge but it will show as dropped.  With pre-trial intervention, there is an initial plea of guilty. It is my understanding, at the end of the probationary period, if you have complied with all the conditions of probation and the fine is paid, the guilty plea is considered withdrawn, the case is dismissed and no conviction enters. This is because a conviction is not final until there has been both a guilty plea or finding of guilt and the imposition of sentence. Since sentencing does not occur before the end of the probationary term, there is no conviction.  Have you been convicted of a crime?  The answer is "no".  This is not legal advice.  If you want to get the details of your case, contact the probation officer assigned to you.


 Many ex-offenders and felons looking for jobs apply for expungement which means that you can apply to have your charge hidden from public view. Both the charge and the pre-trial intervention will always be visible to the court system, law enforcement and government agencies. This may not be an option for you since most employers are only concerned with convictions

I often suggest to ex-offenders and felons looking for a job to seek assistance at their local legal aid office.

I hope this helps.

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Can a Ex-offender get a job with Pre-trial Intervention?

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