Hendersonville, TN asked in Criminal Law for Tennessee

Q: I am a fireman that just got charged with simple possession. I've never been in trouble before and seeking Diversion.

My job is very clear that i cannot have any drug charge on my record. Will this charge appear during the Diversion? My 15 yr career is at stake!

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3 Lawyer Answers
Lawrence James Arnkoff
Lawrence James Arnkoff
Answered
  • Criminal Law Lawyer
  • Brentwood, TN
  • Licensed in Tennessee

A: Diversion requires a plea of guilty however the Court withholds adjudication

of guilt while you complete the conditions of your supervision. If you are successful

the case eventually gets dismissed and you can seal your record. If you are

unsuccessful you will wind up with a conviction. A better alternative would be to seek a retirement of the charge. That does not require a plea of guilt. A retirement

on simple possession can last a year and include conditions similar to a diversion.

After one year if you have not incurred a new case you can move to seal your record.

If a conviction of the simple possession is what will cost you your job then a diversion

would stop that. If merely pleading guilty will cost you your job try to negotiate a retirement.

Frank J. Steiner
Frank J. Steiner
Answered
  • Criminal Law Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: Hire an attorney to negotiate with the DA for a diversion. Then the record can be expunged.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: I am sorry but almost always the charged offense in Arrest Warrant or Indictment will be entered upon your Criminal Background Check in the various Background Databases. Even though you are not convicted it will appear as an outstanding charge. Hopefully noone will check your NCIC and you can complete a one year Diversion Probation , then request the Court to Dismiss it and Expunge the Charge. Always keep a certified copy of the Order of Expungement for the rest of your life, in case you need to clear one of the numerous NCIC Databases.

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