Was I Convicted?

[dimbailh]

Hi, I'm trying to fill out a federal government form (one that they are actually going to background check) and one of the blocks asks:

"Have you ever been convicted for violation of any Federal or State statutes relating to narcotic drugs, marijuana, or depressant or stimulant drugs or substances."

You either check Yes or No. If yes then give the date of final conviction.
Here's the details of my case...was I actually convicted? Thanks!

Count 1: MARIJUANA-POSSESS/USE
Filing Date: 06/26/2000
Disposition Date: 01/10/2001
Disposition: COURT DISMISSAL W/O PREJUDICE

Event Date Event Description Party
1/10/2001 CAL: PROBATION REVIEW HEARING D 1
8/23/2000 CAL: ORDER TO SHOW CAUSE D 1
7/27/2000 CAL: ORDER TO SHOW CAUSE D 1
7/19/2000 CAL: PROBATION REVIEW HEARING D 1
7/19/2000 PROBATION D 1
7/19/2000 FUND: PROSECUTION FEE D 1
7/19/2000 FUND: TECHNOLOGY ENHANCE SURCH D 1
7/12/2000 CAL: CRIM ARR D 1
7/12/2000 DVRSN PRGRM (11-361;38.1,RCrP) D 1
6/26/2000 COMPLAINT FILED-UNIFORM CITATN D 1

[usedbranflakes]

Only you and your attorney really know this answer. You should ask them just to be sure or ask the Facility Security Officer if you feel comfortable.

It looks like you are filling out the EQUIP or SF-86. The answer to that question (keep a copy of the documentation/printout) would safely be "No, you were not convicted" IF this is the only arrest that you have had for drugs. You still have to answer "Yes, you were arrested"** as that question comes later on most background check forms.

Diversion is not a conviction and it's clear that you were put in a diversion program.

From the looks of it your attorney worked a diversion program where you were given Probation Before Judgement (PBJ) and then the judge dismissed the charges (not a conviction) but left the option to allow the prosecution/DA to bring the charges back up. Someone (God, and the Judge who knows he/she is acting in God's place) must have been smiling on you that day and you must have had a lot of promise as a young kid in college.

** There is likely a question on that application that asks if you have ever been arrested for alcohol, drugs, etc. and you will have to answer that question "Yes". Diversion does not remove the arrest from your record.