Will a open criminal case show up? Case will be dismissed in Nov. after diversion classes are completed?

Question

Indiana

Answer 1

True diversion, or DA diversion as it's called, means that the DA will literally continue the case and eventually dismiss pending the successful completion of, most often, a drug or alcohol program.  If this is the case, you are still "innocent until proven guilty", meaning that no guilty plea is entered into the record and you are innocent.

Then there's court diversion.  Court diversion means that the court takes your guilty plea but does not enter it into the record.  Thus, there is a guilty plea on file but it doesn't go in the system.  Court diversion and things like California's Prop. 36 create dismissals in drug cases.  It's vague though on how it shows up.

For instance, law enforcement will always be able to tell whether you were arrested.  There is no expungement of an arrest record.  They will also be able to tell if your case was diverted.  Private employers usually can't get this information.