<p>I get the expediency of lying argument, but am confused as to who can use it. If my child has had a few unruly bumps and scrapes along the way, then do I get the same pass to tell my child, sure, go head and check “no,” even though we both know history could repeat itself? Or is it only okay to bless a lie when this is the first time this child has ever messed up…obviously guaranteeing the kid won’t mess up again, at least not during the diversionary program while charges are still pending against him?</p>
<p>“the ones I know were obviously very lucky”</p>
<p>Perhaps, but in all likelihood they also did a great job on the “fully explain” essay. Those are make or break.</p>
<p>“If he is doing pretrial diversion, charges are being dropped.”</p>
<p>The fact that they have not yet been dropped is covered by the term “pending.” The word “pending” literally means that something is hanging in the air, undecided. It might or might not fall.</p>
<p>Thanks, everyone, for your advice and opinions. My main question is not about having pleaded guilty to something or having been convicted of anything, because I believe he can honestly say “NO” to those. I’m most concerned about the question: “do you have any criminal charges pending.” I guess I will wait til the trial and see how long the diversion program will take to complete and base our decision on that, whether to do early or regular admission. Blah… I’m having him prepare an explanation just in case.</p>
<p>^I agree the charge is still unresolved at this point. Yes, they may eventually be dropped, but at the time of application they are on his record. We are struggling with this too as our S’s original charge was expunged. We have learned that this does not always guarantee the charge cannot be seen on a background check so we are listing it. I do not want the schools to think we are trying to hide anything and we want to be honest about what happened. His applications have in big letters that they expect honesty!!</p>
<p>Please do not assume that once his “charge” is dropped/dismissed, etc…that it will not show on background checks. It usually takes expunging something to get it totally removed and even then it is not 100%. We checked with our local law enforcement agency and they told us they are able to see any citation/arrest even it was dropped or dismissed. It will just have that disposition listed. No guarantee it will not show up somewhere on a background check. Pull your son’s record yourself and see what it shows. They only cost $10 here. If the citation is not listed, I would not put it on the report. If it is, I would put it unless you are 100% sure it will not be on there at the time of application. </p>
<p>Best wishes to you and I feel your pain!!!</p>
<p>It is not lying. It is the same as deferred adjudication. If you get a ticket, but don’t want it on your record, you sign something saying you plea guilty. That is held to the side. You pay a fee. And as long as you do not get another ticket for X period of time, that guilty plea is tossed and nothing goes on your record.</p>
<p>Pretrial diversion is the same thing, except a little more work to toss out the charges. The guilty plea is signed so that if you do not meet the conditions, then you are automatically guilty, no trial for that. If you complete the things you have to do, stay sober, no arrests, community service, check in with the person in charge of your case on a regular basis, those are the usual…then the guilty plea will be tossed and all charges dropped.</p>
<p>The guilty plea is NOT a finding of guilt. If is only a compromise. The courts want something out of this too. And the compromise is that if you do not complete the program set for you, then you will simply be guilty…just like in deferred adjudication. </p>
<p>So…THEREFORE…the question is…were you convicted? The answer is…NO…if you requested his records…there would be no conviction on there…none. IF he does not complete the program, you do not have to worry about college because he will be guilty and he could do jail time. He might as well follow the program.</p>
<p>A legitimate background check through the state will show NOTHING. I guarantee…it will show NOTHING. However, someone doing a search online might find record of his arrest or whatever. But…an actual criminal record background check…one done by an employer, a school, the FBI, the courts for a custody case, or anything else…a legitimate background check for a criminal background will show NOTHING.</p>
<p>Ask your lawyer if you don’t believe me.</p>