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  1. #1
    Join Date
    Feb 2009
    Posts
    3

    Default Pretrial Diversion

    In Texas, I received a pretrial diversion interview today and they said I was most likely going to get accepted into the program. The charge involves me evading arrest with no memory of it due to alcohol consumption.

    I was told I would stay limbo between guilty or not guilty and no contest. But that wasn't the case, in order to get into the program I had too plea guilty, even though I have no memory of it...

    I'm wondering if it'd be a better choice to take it too trial, or if its even too late already now that I initialed the guilty plea but haven't been officially accepted into it.

    And my last concern and primary one, will my records show that I've been under pretrial diversion after its complete and my records are expunged? And if its not, how will it effect my career opportunities?

    Thanks.

    And I was wondering the impact of it being dropped to a class C, i was told it would be non expungable then.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Evading Arrest Pretrial Diversion

    You would rather be convicted after trial than get into a diversion program? Because voluntary intoxication is not a defense to criminal activity.

    You are eligible for expunction following the successful completion of diversion for a Class C misdemeanor, but you have to petition. Even after expunction, for some purposes, e.g., jobs with security clearances or in law enforcement, your history may turn up or you may be required to disclose it.

    If you complete diversion for any offense other than a Class C misdemeanor, you're eligible after a waiting period to have your record sealed. That's a less complete remedy than expungement.

    You should discuss your options with a criminal defense lawyer.

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