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Cedric
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience:  Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
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Im on Felony Derversion, am I a convicted felon Should I

Customer Question

I'm on Felony Derversion, am I a convicted felon? Should I reply yes on applications, and what about when the app. specifies deference programs.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Cedric replied 5 years ago.
No, you are not a convicted felon if you are still in a diversion program. So long as you complete the diversion and get your case dismissed, you will not have a conviction for the felony because when you complete the diversion program the criminal charges will be dropped. If the application asks if you're in a diverison program though, you should answer truthfully and state that you are so you couldn't be fired for giving false information on your application, but if the application just asks if you've been convicted, you should answer 'No.'
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience: Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
Cedric and 11 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
What if I've been declined residence or job's based on the fact I put down no, but when they did a background check, they see the felony listed as "Pled Guilty", which is what I had to do in oder to enter the Diversion program?
Expert:  Cedric replied 5 years ago.
Unfortunately at that stage you wouldn't be protected from an employer taking action against you even if they misunderstand the background check and believe that you are a felon, since the default relationship is at-will and the employer is only prohibited from not hiring based on a protected characteristic.

However, the case shouldn't appear on a background check since you're technically not convicted unless you fail the diversion program. Since a diversion program is designed to allow you an alternative to the conviction and the charge will be dismissed afterwards you wouldn't actually be convicted despite having to state that you're guilty in order to do the diversion program.
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience: Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
Cedric and 11 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks again Cedric, this has changed my life in a single instance.

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Cedric
Cedric
Criminal Lawyer
2899 Satisfied Customers
Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney