What to Bring to an Appointment for a Diversion Program

My question involves criminal law for the state of: Michigan

In April, I stole $8 worth of goods from Walmart. An officer came and took notes about what happened but I was ot taken to jail. He said I would receive a warrant for my arrest in about 2 months. I am from a town about an hour away where the crime happened and have a lawyer from my home county. I just received the following:

"A warrant has been approved for your arrest for the charge of retail fraud - third degree. The Ingham Prosecuting Attorney has delayed action on a warrant pending an investigation by the Prosecutor's Diversion Program. The purpose of this investigation is to determine whether you qualify for a voluntary probation term. Satisfactory completion of the probation term would result in the charges being dropped and a clean arrest record. Your scheduled appointment is at the Prosecutor's Diversion Program Office."

- What do I need to bring to the "appointment?"
- Do I need to bring my lawyer?
- What will they be looking for for me to qualify for the probation term?
- Will I have any sort of criminal record after this?
- Is this a court appearance or hearing?
- What questions should I be prepared to answer?
- Will my college or future employers have any way of knowing about this?
- What is a "voluntary probation term?"

Can someone explain this process and letter to me and how I should best handle it? Thank you.

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Quoting RunMan

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I . . . have a lawyer from my home county.

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With the exception of the second to last question you asked (the answer to which is yes), the answer to every question you asked is that you should ask your attorney.

Read this article.

If you successfully complete pretrial diversion before a charge is formally filed, your criminal history won't show the filing of a charge or the disposition. If a charge is formally filed, then your record following successful completion would indicate that charge and the fact that your charge was dismissed.

Thank you for your response. Do you know how I can ensure the following happens: that I "successfully complete pretrial diversion before a charge is formally filed, your criminal history won't show the filing of a charge or the disposition."

My appointment is Monday and having this outcome would be lifesaving. I will be applying for nursing school this fall, for a nursing license within a few years, and hopefully graduate school, and possibly a Nurse Practitioner's license. To have a clean record without record of the charges being filed would save my future. Please advise me on how this can happen. Thank you.

You will investigate the terms of the diversion program with the prosecutor's office, as they vary from county to county, and will proceed based upon that information.

Sorry for asking but:

How do I know if charges have been formally filed? How can I ensure that they are not?

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Quoting RunMan

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How do I know if charges have been formally filed? How can I ensure that they are not?

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You check to see if a charge is on file with the court. You ensure that charges are not filed by not getting accused of a crime; once you are accused, it's out of your hands. But if you confirm that this is a diversion program that will prevent the formal filing of a charge if you successfully complete the program, you're fortunate enough to be getting another chance even though you were accused of a crime.

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Quoting RunMan

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Thank you for your response. Do you know how I can ensure the following happens: that I "successfully complete pretrial diversion before a charge is formally filed, your criminal history won't show the filing of a charge or the disposition."

My appointment is Monday and having this outcome would be lifesaving. I will be applying for nursing school this fall, for a nursing license within a few years, and hopefully graduate school, and possibly a Nurse Practitioner's license. To have a clean record without record of the charges being filed would save my future. Please advise me on how this can happen. Thank you.

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Diversion gives you the chance to not have whatever you were charged with on your record. It's usually don't get arrested for the same charge within six months and it goes away. I had gotten a speeding ticket one night in the state I was stationed in. My license was in my home state. On top of the ticket (I didn't see the sign and thought it was 55, it was 40 and I was doing 57) I paid like $200 for diversion and I went to the prosecutor office. Signed a form that said if I didn't get a ticket for the same thing again in six months, it was dismissed and wouldn't get reported and I wouldn't lose points on my license.

So you have no criminal record from this instance due to completion of the diversion program if I understand correctly?

On your official background that is correct. But you should keep in mind that many services that provide background checks keep their own database and while the good ones do try to keep it up to date as possible old stuff that should have been removed lingers.

If you are ever turned down for a job because of this arrest or even if it is brought up you should ask for information on the reporting service that provided the background so you can contact them.

(You are supposed to be provided this information automatically if it came from a reporting service, but in the real world that doesn't always happen.)