If i completed the diversion program do i still have to check the criminal felony on job applications?

I believe I understand the question. Whatever felony you were convicted of you completed your probation satisfactorily and hence believe the felony needn't be admitted. The short answer is yes, you still have to check the felony box. You should contact a criminal attorney and explain the specifics of the conviction, sentence and terms. There may be the possibility of expungement but without more facts, it is too uncertain to say.

I think Mr. Shafer is incorrect IF you truly successfully completed a diversion program here in Florida. Diversion is a means to avoid criminal charges completely. In exchange for your participating and completing diversion, the state either drops the filed charges or simply never files them at all. I suggest you go to the clerks office in the jurisdiction this occurred and request an records of dispositions under your name. Those records will tell you what the court and clerk thinks happened to you four years ago, and that is what matters. Each state has different rules and procedures and follow separate laws established by their own legislatures and case law. Out of state attorneys really shouldn't offer opinions about states in which they do not practice and when they do, it should be taken with a grain of salt.

I agree with Mr Mosca.A successful diversion should have resulted in a dismissal of the charges. If you are asked if you've ever been charged with a felony, your answer is YES. If asked if you've ever been convicted, your answer is NO. If you are able to obtain a records sealing, you can, under most circumstances, deny ever being charged. Good Luck

I think the difference of opinion comes from the lack of clarity in your question, which was cut off in the posting. Leaving the Scene of an Accident (LSOA) with injuries is a 3rd degree felony (See Florida Statue 316.027), whereas Leaving the Scene of an Accident where only property damage occurs is a 2nd degree misdemeanor (Florida Statue 316.061). You would be hard pressed to get diversion in the jurisdictions that I practice in with a felony LSOA charge. That being said, diversion does not delete your record, it merely closes out the charges. If you have successfully completed a diversion agreement, the State will either dismiss the charges if they were formally filed (called a Nolle Prosequi) or they will agree not to file formal charges as to that case (known as a No Information or Notice of Non Filling or No Bill, depending on the jurisdiction). The fact that the case was addressed via a diversion program does not mean that it was deleted from your record. Additionally, the specific language contained on the job application will govern your reply. If, for example, is asks whether you have ever been arrested for a felony, and you had in fact been arrested for a felony LSOA, the answer is yes. If, on the other hand, you were issued a citation, then the answer is of course no. If the question is whether you have ever been charged with a felony, then again, the answer would likely be yes where a citation was issued to you for LSOA with injury, whereas it would be no if the offense did not involve an injury. As you can see, the answer is dependant on facts that are unclear from your posting. In order to avoid any further issues or complications, I would recommend hiring an attorney to have the case expunged from your record. Amir Ladan Carsten & Ladan, P.A. www.carstenandladan.com Main Offices - Orlando

If you were successful in a diversion type program then "No"; you were not convicted of anything. If the question is were you ever arrested for a felony, then the answer is "yes." You should turn the experience into a positive and be prepared to explain how you were very pro-active, took action, were dedicated, and successfully completed the program. Also, it would appear you should be eligible to have the case either seal or expunged. Good Luck