QUESTION

Can I answer no to the question in the application if I successfully completed the diversion program last week?

Asked on May 02nd, 2014 on DUI/DWI - Michigan
More details to this question:
I was found driving under the effects of alcohol last year in May. This was my first DUI. Now when I applied for work ID they asked if I was convicted of any felony, etc.
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3 ANSWERS

Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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If you successfully completed the diversion and the court dismissed your case, then you were NOT convicted; however, even if you were, a DUI conviction is NOT a felony.
Answered on May 05th, 2014 at 6:43 AM

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Divorce & Separation Attorney serving Jacksonville, NC
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You say, "This was my first DUI." like its no big deal - it really kinda is and will very likely have a big impact on your ability to get a job. That said, in North Carolina a first offense DWI is not a felony so if the question on your application only inquired about felonies, then you would be able to honestly answer no. However, a conviction of DWI will likely always pop up at some point so it will generally be the best policy to be upfront about it with any potential employer. And upfront in a way that lets them know you understand the severity of a DWI and will not let that happen again. The logic behind taking this approach is this - any potential employer who even half way checks into your background is going to find out about the DWI whether you disclose it or not so if you are to have any hope of the DWI not keeping you from getting the job it will be because the employer was impressed with your honesty and candor.
Answered on May 05th, 2014 at 6:38 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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If it was dismissed as part of a deferred sentence or diversion program, then you can honestly answer no. It also depends on how the question is asked. Many employers have caught on to diversion programs and deferred sentences and now ask questions like have you ever been charged with a crime, have you ever been named as a defendant in a criminal case, and what were the outcome of those cases. You are not required to answer truthfully on an application, but it can come back to haunt you as the employer might fire you or decide not to hire you for dishonesty as opposed to the conviction.
Answered on May 02nd, 2014 at 7:56 PM

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