My question involves criminal law for the state of: KY
In 2006 I entered Pretrial Diversion for 5 years. nolo contendre, or more specifically an "Alford Plea" (sp?), on a class D felony of receiving stolen property.
My Character: At that time I was in the military, A full time college student, and had recently founded a Nonprofit which benefits Autistic and other special needs children.
Since then, I have obtained both an MBA and an MSRE, and am considered to be a great asset to my community. My problem comes in obtaining professional licensure.. ie Securities, Real Estate, insurance etc.. Due to the "conviction".
I have read many a controversy surrounding wether a pre-trial diversion is a "conviction", and most state laws across the country say that it is.
BUT In December of 2009, The United States Court of Appeals Tenth Circuit, found and published that a pre-trial diversion DOES NOT constitute a conviction.
(Arroyo v. Starks, 2009 WL 4827370 (12/16/09) (Published) - There is no habeas remedy to challenge a case resulting in pretrial diversion. Such a case at most anticipates a conviction. It does not involve a conviction.)
Does this mean anything, and how does it affect a person on "pretrial diversion"? I would love to truthfully answer "NO" when asked if I'd been convicted of a Felony.
Any help is greatly appreciated.