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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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I am on diversion in Kansas when I was a resident there. I

Resolved Question:

I am on diversion in Kansas when I was a resident there. I am now a resident in North Dakota.

Dui in March in Kansas - plea bargain of a diversion
Dui in May in North Dakota

Will this be caught by the system since it was not a conviction in Kansas and I am no longer a resident
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

Please clarify: under what state driver license(s) did you receive these offenses?
Customer: replied 5 years ago.
I had a kansas license when In kansas
and a North dakota license while in north dakota
Expert:  JB Umphrey replied 5 years ago.
Thank you.

For each instance, was your driver license taken and were you issued a temporary license?
Customer: replied 5 years ago.
Okay, I was not convicted in Kansas instead I was reduced and was given a diversion. License was not suspended nor revoked by the state. Once I moved to North Dakota I obtained a North Dakota License. My license was not taking from me when I was hauled in or anything. I have not been to court yet on the current *north dakota* dui charge. I just would like to know if my prior dui *diversion* will be recongnized as a prior conviction if it is not equaivilant to the current charge. Since I was never actually charged with a dui.

Is this better ha ha I know I left a lot of information out
Expert:  JB Umphrey replied 5 years ago.
What was the Kansas charge reduced to?
Customer: replied 5 years ago.
diversion just simply not a conviction if i meet certain guidelines....
now kansas will not know of these other charges since i do not plan to return...

how likely is it for them to see it as a prior charge and charge me with my second offense in a new home state
Expert:  JB Umphrey replied 5 years ago.
North Dakota will only learn about Kansas if you tell them that you used to live in Kansas.

In order to learn about this prior incident, they will have to run a records check in the Kansas database. It is a pain for them to do but they can do it if there's a reason for them to check.

If North Dakota does not know that you never lived in Kansas (or any other state), they won't check any other state databases.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

Please let me know if there is anything else I can provide to give you excellent service!"
Expert:  JB Umphrey replied 5 years ago.

I'm just following up with you to see how everything is going. Did my answer help?

Let me know,
Customer: replied 5 years ago.
Well I was never truly finished because I was wondering
After a diversion will Kansas check the national database or something
To pursue me as defiant to the contract of diversion
Expert:  JB Umphrey replied 5 years ago.
Kansas will not check a national database.

Rather, Kansas can check the records of an individual state. If they want to know detailed information, they will contact the court that handled the case and review those records.

For example, if Kansas now knows that you live in ND, Kansas can perform a check of the ND criminal records.

I hope this helps to clarify things!
Customer: replied 5 years ago.
Am worth the hassle anyways to expedite since I have no intention on going back
Except to visit family once given the chance in a year from now
Expert:  JB Umphrey replied 5 years ago.
No, they will not go through the time and expense to extradite. However, your driver license may also get suspended and you won't be able to renew it in Kansas until you take care of things in ND.

I don't want you to be surprised by that possibility.
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