Diversion and Job Applications

One criminal defense lawyer question I am often asked is whether or not it is necessary to mention a criminal arrest on a job application when you participated, and completed, Diversion.  The answers is no and yes.  No, because if you complete a diversion program successfully your criminal charge(s) is/are dismissed, meaning you technically have nothing on your record.  Yes, because even if there is no conviction on your record, the arrest may still show up during a background check.  Even though companies are mostly concerned with convictions, an arrest can keep you from getting the job you want if you do not take steps to head the problem off at the pass.  It’s definitely a judgment call, but often it is better to mention a prior arrest where charges were dismissed via Diversion to defuse a situation before it occurs.  It is always better for a potential future employer to hear bad news from you in advance versus the HR background guy down the road.  If you have current pending criminal charges, discuss your options with your criminal defense attorney prior to making any decisions.