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  1. #1
    Join Date
    May 2009
    Posts
    9

    Default What Happens on Pretrial Diversion

    Person-A (adult) was held for shoplifting charges. Person-A is on a work visa. Person-A is offered a pre-trial diversion program. It is 11 month program and it bypasses the court process (arraignment, trial, sentence). The shoplifting charge will not be filed with the court and the case will be closed and there will not be any record of conviction.

    I have following questions:-
    1. One of the conditions is that you must admit the wrongdoing so that if the evidence were presented in court there would be a likelihood of guilty verdict. Could this be a problem in future?
    2. Will there be any record with FBI? In future if you go for visa processing in DS-156 should you state that you were ever arrested? Can VO see the record of arrest?
    3. What happens if during the probation program your work location changes and you have to move to a different city or state?
    4. What happens if during the probation program your project ends and you have to go back to your home country?

    Please advise! Running out of time!

  2. #2
    Join Date
    May 2009
    Posts
    9

    Default Re: What Happens on Pre-Trial Diversion

    Can someone please respond ASAP? Please help!

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: What Happens on Pre-Trial Diversion

    The fbi,miltary and police are gonna see the arrest.You can answer no the question have you ever been convicted but have to answer yes to the question about being arrested.Since your in a diversion program and avoided a conviction you should be fine.If I was you I wouldn't leave the country until taking to a lawyer.

    The worst thing to do is lie on any forums,that's gonna make the government more suspicious .Do you have a lawyer to ask these question to?You can voice your concern about leaving the country to the person who offered you this program.

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