Pre-trial diversion program

[km]

Hi,my husband was arrested in 1990 for grand theft but was not convicted he did no jail time but went to pre-trial diversion program and he did everything he was told and on the pre-trial contract it says if all terms are meet the initial charge will be dismissed.but when he was filling out a job application on have you ever been convicted of a crime he put no thats what they told him to do and his boss found out that he had a record but he is not soppose to.on the pre-trial contract it says from the investigation which has been made,it is the opinion of the writer that this case is not suitable for prosecution for the following reasons code 19 pre-trial diversion program completed and it says this actoin is taken to clear the records and to release subjects bond if any has been posted responive to the above charges,so what does this mean dose my husband have a record for this were not real sure now he never went to court or anything. well any advice from you would be alot of help.thanks kim

 

[KM]

IAM SORRY I FORGOT TO LET YOU KNOW WHERE IAM FROM I LIVE IN FLORIDA!!!!!

 

[Tracey]

A diversion is not a conviction. How exactly did the potential employer find out about it? Arrest records are not public information. The most that should show up in the public records is that a case was commenced but dismissed. You should consult an attorney about repairing the record & possibly suing the police department for providing false information, or suing the background check company for illegally accessing non-pblic files.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.