<p>Hi, Well...my brilliant son got caught with his buddies smoking pot. They received citations for Misdemeanor Possession of Marijuana Less than an Ounce. He is 17. He will be going to court on the same day that college applications are due. He will be participating in a diversion program which consists of having to go to a class and do community service. There will be no charges on his record. Here's my question: On college applications, it asks: </p>
<p>"Have you ever been convicted of a crime other than a minor traffic violation": With Diversion, he will not have been convicted of anything, so he can answer NO to this.</p>
<p>"Have you entered a plea of guilty, a plea of no contest, a plea of nolo contendere, an Alford plea to a criminal charge, a plea under a first offender act?": Under Diversion, he will not have pleaded guilty of anything, so he can answer NO to this.</p>
<p>"Are there any criminal charges currently pending against you?" - This is the one we are struggling with. If he sends in his application after he comes home from court, can he answer "NO" to this? He will have gone to court and addressed the issue. He will be placed under the Diversion program. Would you consider that charges are still pending? Again, the day he would send his application would be the same day he went to court. I really want him to be able to say "NO", but I see that it might be open to interpretation. </p>
<p>Just wondering – what does his lawyer say to this question? What will you do if the proceeding is postponed, until after the application due date? Has his lawyer given you any sense of the likelihood of postponement? In some types of matters and venues, you can get to the courthouse, sit for hours, and then be told “not today”.</p>
<p>I’d ask a lawyer, or if you don’t have one, maybe the folks in charge of diversion. In some states possession isn’t a “criminal charge”, it’s an “infraction”. </p>
<p>Does the thrid question have a follow-up question in case of a “yes” answer? Does it ask what the criminal charges are? </p>
<p>Although not ideal, I think “yes, charges pending” is less damaging than “yes, convicted or guilty.” Innocent until proven guilty. </p>
<p>I’m sorry that doesn’t help your dilemma. But, in the worse case, your son could notify his schools after court that the outcome is no conviction.</p>
<p>DougBetsy, if you answer Yes, then you have to write an explanation. I didn’t know if that would affect his admission. I did call one school anonymously and the woman I talked to was not very reassuring. She said it might and might not affect his admission, scholarships, etc. That he needed to write an explanation and write what he’d learned and how he would live his life going forward. I’d rather him be able to say NO to that question. I guess I’m wanting validation, that once we go to court and he is assigned to Diversion, we could honestly say “No”, to criminal charges pending. I guess it is a matter of interpretation because if he does everything he is supposed to (which he WILL), there will be no charges on his record. But, if he doesn’t, then it will become a real charge.</p>
<p>OHMomof2: Thanks for the link. None of those things in that article apply since he will be doing diversion, he won’t be pleading guilty to any of those things, won’t be doing Nolo, and it is not considered First Offender, either. Which is a good thing - he won’t have to say “Yes” - he’s pleaded guilty to one of those.</p>
<p>Lawyer wasn’t sure how we should answer. Said it is open to interpretation. I guess we’ll just see what happens in court and what the judge says and see what sense we have about it. </p>
<p>I don’t think they should ask if there are any charges pending, because what if there is some trumped up charge or something not valid? They should ask if you pled guilty or if there was a conviction. They consider “criminal charges” to be anything more than a minor traffic ticket. This is being held in the same court as traffic court, though, which makes it seems not as serious. </p>
<p>It is open to interpretation, but I would answer no. (I am a lawyer, but this is not legal advice to you.) If he completes the requirements of the diversion program, which is his and your expectation, he can truthfully answer No. I don’t believe in this case the college needs to know anything about this.</p>
<p>1-I think you answered your own question when you explained the contingency associated with the diversion program. The court’s order will expressly state something to the effect that the current charge will be dismissed AFTER he successfully completes the diversion program, and if he fails to do so, he could be prosecuted on the charge. Consequently, I wouldn’t think he’d be able to answer question 3 “no.” Ask your lawyer to take a hard look at it!</p>
<p>2-Be sure to learn exactly what “There will be no charges on his record” means, not only for college apps, but all future education and employment apps. Will all records of this incident, including arrest records, be expunged? or what?</p>
<p>3-I gather there’s no related school discipline? Be thankful for small blessings. ;)</p>
<p>4-As you can imagine, alcohol and drug violations are the most common black mark college admission folks see. It is a bummer to have to explain away any negative, but if required, most commentators say single instance alc/drug scenarios like this, when divulged and being appropriately handled, usually do not impact chances of admission (but could take him out of the running for some types of scholarships), whereas admission officers have a much more difficult time with cheating, plagiarism and other forms of dishonesty. Again, small blessings. :)</p>
<p>5-If he discloses, it would probably be wise to be sure a rec writer is speaking to his character generally and for your son to supplement his app on successful completion of the diversion. But these are things you should review with his GC, who may have other suggestions, including what he/she can say about your son in the GC’s rec.</p>
<p>Like MOWC, I am a lawyer not offering legal advice – but I am also a college counselor, and I AM offering advice on that basis.</p>
<p>In my view, he can’t honestly answer “No” to the third question until he completes the court’s requirements. The best course is to move heaven and earth to get everything completed before regular-action applications are due so that he can honestly answer “No” at that time. It is better not to apply anywhere early than to needlessly disclose the citation. You do not want to have to write that explanation essay unless your back is to the wall and you have no other honest choice. It is likely to have a significant negative effect, i.e. keep him out of schools that would otherwise accept him.</p>
<p>I think Hanna is correct - if he has not successfully completed the diversion program, there is always the chance he could fail to meet the requirements and thus it would not be over - that is not open for interpretation to me.</p>
<p>I realize we all want to be Honest Abes, but if you think most candidates in a similar position are disclosing this stuff on college apps, you would be quite wrong. Application to the Bar is a different story…you can’t hide this kind of stuff.</p>
<p>I do agree with Hanna and maidenmom, as I think its not until he has successfully <em>completed</em> all the requirements of the program that the charges will be dropped, yes? So until he completes the program and it is all documented to the court’s satisfaction, I think the charges are still considered pending. I am not a lawyer, but if it wasnt sent up this way, what incentive would the people in the diversion program have to successfully complete it?</p>
<p>Agreed that many people just lie, and some will not be caught. But even if they don’t believe it is immoral to do that, they ought to be honest for practical reasons. Just wait until the problem is expunged, and you can avoid a giant, needless risk.</p>
<p>Another issue is the “no contest” question. In many states the accused must plead no contest to the crime as part of the diversion program. Technically that may mean they need to always answer that “no contest” question as yes.</p>
<p>Another issue to keep in mind for the future is that diversion programs may state that he can say NO to the arrest question for job interviews, but that does not mean that it won’t show up on an employment background check and if he applies for government/law enforcement jobs or an international visa or any other category like that, he may be expected to answer YES about the arrest and charges.</p>
<p>That diversion program info will likely be public record. Perhaps being 17 will prevent that, it is likely state by state, but be sure to ask so you know what to expect.</p>
<p>How long will the diversion program take? Could he take a gap year, then apply with a dismissed charge and the possibility his GCs will be able to write better letters once he has shown a year’s maturity and contrition?</p>
<p>Hanna, would you take a moment to elaborate on your observation, “It is likely to have a significant negative effect, i.e. keep him out of schools that would otherwise accept him.”</p>
<p>I stated otherwise above and realize I should have been more careful to qualify my comment as being based on my experience with a number of students in similar situations, who did not suffered any admission impact from Ivies on down. I’m not in the admissions business.</p>
<p>GAmother, I agree with Hanna, post #9. There must be a website on the citation. Go to the site and see if you can figure out or contact someone if its possible to expedite the court hearing, diversion classes, and community service to an earlier date so that the case is closed and his records expunged before the college application due date.</p>