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Do i need to say yes to the questions "have you been

Do i need to...

Do i need to say yes to the questions "have you been convicted of, pled guilty or nolo contendere to a misdemeanor or felony, including defferred sentences if i signed a diversion agreement that ended 12/16

Lawyer's Assistant: What were you convicted of exactly? Have all your appeals been exhausted?

Domestic battery, I finished the diversion program and I believe the case was dismissed.

Lawyer's Assistant: In what state did the battery occur?

Kansas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't believe so.

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Customer reply replied 2 months ago
The situation happened in Kansas but I live in Colorado. Not sure if that makes a difference.
Answered in 6 minutes by:
5/30/2018
RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 48,882
Experience: licensed attorney in criminjal law for 30 years
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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You answer no here.

Criminal Diversion Program

Diversion is available for defendants charged with certain criminal offenses. The program enables the defendant to avoid a conviction while being held accountable for their offense through supervision, payment of costs and fines, payment of restitution, participation in educational programs, and other requirements as warranted. Upon successful completion of the program, charges are dismissed.

If you completed the program the charges were dismissed and no conviction here so you can answer no.There was no conviction here.Thats hte beauty of diversion.

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 48,882
Experience: licensed attorney in criminjal law for 30 years
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RayAnswers and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 2 months ago
Is diversion and deferred the same thing?

I sent you an answer to your other posted question.Thanks

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Customer reply replied 2 months ago
Sorry one last clarification and I wont bother you anymore. So when it says "including deferred sentences" that does not apply to me, since I completed my diversion program and the case was dismissed?

Yes it does no conviction here, you have none and can say no on the applications. I would not report this, I think your case was dismissed here.This was a good outcome for you,thanks

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Customer reply replied 2 months ago
When they do a background check will the arrest record show up even though the case was dismissed?

"Including deferred sentences language here", I think you will have to say yes, if they have access to your arrest record they can see it.

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Consider a lawyer locally to seal the arrest record for the future.

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Customer reply replied 2 months ago
Considering they have yet to do a background check, if I get the arrest sealed, will they be able to see the arrest then? And which should I be looking expunged or sealed?

No they would not if it is sealed here and thats real good idea for you since you weren't convicted.

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Customer reply replied 2 months ago
I found out my records cannot be expunged or sealed till three years after I finished my probation. Is domestic battery; Knowing/reckless bodily harm 3rd, considered a misdemeanor or felony?

Felony here

t is an aggravated battery in Kansas to:

  • knowingly or recklessly cause great bodily harm or disfigurement to another (severity level 4 felony, or level 5 if reckless)
  • knowingly or recklessly cause bodily harm to another with a deadly weapon or in any manner that might cause great bodily harm, disfigurement, or death (severity level 7 felony, or level 8 if reckless)
  • knowingly cause offensive physical contact with another with a deadly weapon or in any manner that might cause great bodily harm, disfigurement, or death (severity level 7 felony), or
  • driving under the influence of drugs or alcohol that either results in great bodily harm, disfigurement, or death (severity level 5 felony), or results in bodily harm with a possibility of causing great bodily harm, disfigurement, or death (severity level 8 felony).

(Kan. Stat. Ann. § 21-5413.)

Acting Knowingly or Recklessly

In Kansas, a person acts “knowingly” when a person is aware that his conduct is reasonably certain to cause a particular result. For example, if a person shoots a victim in the chest with a powerful handgun, it is reasonably certain that the resulting injury would cause great bodily harm or death.

A person acts “recklessly” when the person consciously disregards ***** ***** and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. For example, drag racing on crowded city streets would be viewed as acting recklessly.

(Kan. Stat. Ann. § 21-5202.)

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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