Is a Pretrial Dismissal The Same as a Diversionary Disposition

[gbaldwin]

My question involves a professional license in the state of: District of Columbia

A professional license application asks the following question:

Have you pled guilty, nolo contendere, been convicted of, received probation before judgement or other diversionary disposition for driving while intoxicated or for a controlled substance offense?

Suppose the following individual had this previous experience, and is to answer the stated question above. Are they bound to report it?

A class C misdemeanor for possession of drug paraphernalia. The citation was dismissed before a plea was entered due to "prosecutorial discretion" by the district attorney. No probation was given, no fine was paid, and no pretrial diversion program was done. Fingerprints were obtained during the arrest. The incident occurred in another state. Additionally, as part of the process, the individual must undergo an FBI background check for the application process.

Does a dismissal of a citation on the grounds of "prosecutorial discretion" constitute "diversionary disposition?" Does a citation of drug paraphernalia constitute a "controlled substance offense?"

Thanks.

[Mr. Knowitall]

If the dismissal resulted from your participation in pretrial diversion, then a pretrial dismissal is the same as a diversionary disposition.

I cannot see the professional license application from here, but I expect that they would consider a drug paraphernalia charge to be a controlled substance offense.

[tc498]

It appears the charge was dismissed by the da and not thru a diversion program thus he can check no. If asked about being arrested he would have to answer yes. He was charged with the crime but then it was dismissed straight out not thru any type of court program.