I am currently in a Pre-trial Diversion program in Hamilton County, Ohio. My original charge was misdemeanor theft. I have four months left to complete at which point my case will be expunged.

My question is, when answering a question on a job application about if I have ever been convicted of a felony or misdemeanor, should I answer yes? My Public Defender told me that I should not because I have not actually been convicted of a crime. Also, everything I have read online on the subject also advises to answer no to the conviction question.

The reason I want to clarify this is because I recently took a job with an airline after I passed the FAA pre-employment background check. However, when I went through the US Customs background check so that I could work international flights, they sent the application back saying that it wasn't approved because something was found on my record. Thankfully, I'm not going to lose my job because I passed the FAA check (in fact, Customs let me resubmit the application after I answered "yes" to the conviction question and listed all information about my charge). Despite this, now I am worried because I am up for a new job with a government agency I formerly worked for (same position that I resigned from three years ago before any arrest record). I want to make 100% sure I am answering all the background check questions accurately, but I do not want to admit to a conviction if I have not been convicted. Should I answer "no" but list as much information as possible about my charge and current status in Diversion on the application?

Expunged means, that there is a conviction and it will be taken off, after you complete a program, so, yes, you have a conviction.

If there was a plea deal and the sentence was suspended, and charges to be dropped after a program completion, then no conviction.

Also, even after it is explunged, it will always still show up on National Security data base searches and for jobs that require National Security clearances.

So, at this point, it will show up on all searches.

In future, for government searches, it will still show up, even after explunged

Yes, I am aware that the records will always be accessible on a government background check even after expunged, but from what I was told by my lawyer as well as every law page on Pre-trial Diversion I can find, they say it is not considered a conviction while I am in the program. It would only be a conviction if I did not complete the program and then was sentenced. I am not trying to hide anything from a potential employer. I simply do not want to claim a criminal conviction if I do not have one. I will willfully provide all the details surrounding my case and admit to an arrest, but I don't want to make myself look worse than I already do by saying I was convicted of a crime if I was not. When I run a background check on myself all it it states is the case, charge, and disposition of "Diversion Granted."

Simple choice, to go to court house and run a background search on yourself.

Remember, on things like airline, ( they are covered under National Security background searches)

They will see all arrests and what is the result.

So if this is one of the airline jobs, the arrest and division will show up. They consider this a conviction since you are pleading guilty for a sentence, even if that sentence will result in no formal charge. ** crazy I know it, but even you used expunged. A record can not be expunged if it does not exist

I did run a background check through the Hamilton County Clerk of Courts and it all it states is the case, charge, and disposition of "Diversion Granted." It says nothing of a conviction. I already got the airline job after passing the FAA background check. The US Customs background check for working international flights was where the issue was raised because I answered did not answer yes and list the case information based on what my lawyer told me to do. I resubmitted the application with the arrest information and now I'm just waiting to see if that was enough for them to pass me.

What I am worried about now involves a different job. I have a conditional job offer from the IRS pending a background check. I already worked for the IRS for four years and then resigned, but now I am trying to go back. I go in tomorrow for all my paperwork and fingerprinting. What I'm saying is that I will definitely give them all the information they want, but quite simply do not want to answer yes to the conviction question if asked. If I'm lucky they'll just ask about felonies or if I've ever been arrested so I can give a definitive answer. I don't remember what questions they asked last time around because I had no record then.

Provision discharge, remember, you had to "plead guilty" to agree to this division program. Most employers will view this as a conviction. I know, technally it is not. But they see your program merely as a sentence where the plea agreement is a discharge. And at this point, it is not discharged.

It is a matter of wording, and a matter of opinion, what you have to remember, all of these agencies will see, the same material you saw, they will see the arrest and court, and see it is in division, ( they assume convection, since what type of diversion is not listed.

My opinion, it is better to explain it first and upfront, because they are going to see the arrest, and either ask you about it. Or just deny hiring without asking.

Fr Chuck, I believe you are misunderstanding the nature of the pre-trial diversion program in which OP is. Correct me if I am wrong, Kleierja, but it looks like you dIdn't plead guilty, and a judgment of conviction wasn't entered.

If so, customs was wrong in requiring you to re-submit the application answering "yes" to the conviction question.

I may be wrong, in most, there is a sentence given, and if he fails to complete the diversion program, then the sentence will be imposed. If he completes the program.

I do understand, that formally, they do not call it a plea, and formally they do not call it a conviction. But, the issue, ( at least in my opinion) and I sat on the hiring board for a government office a long time ago.

But they can see, the arrest, they can see, the diversion program, ( which is not completed) and if they fail to complete, something, happens, which will result in a conviction.

While I agree, that formally this is not a conviction, but the HR and managers in the government office, see the arrest, do not see it dismissed, do not see a "not guilty" from court. When they see the diversion program, they assume guilty, (sorry, that is human nature)

So I do agree, from a strict legal view point, he does not have to list this, since it is not a conviction

But, they will want it explained before they hire. Because they will see it.
And many will just not hire, without giving a reason. Because they see it.

I just believe, since these types of agencies will see it. To explain it ahead of time.