LTCH application question

[Concerned Citizen]

A youngster I know, aged 21, got a misdemeanor public intox when he was 18. He went through the diversion program, so I don't believe it's on his record. He's ready to apply for his LTCH, but one of the fist questions is "have you been convicted of a misdemeanor?". Since it was expunged through the diversion program, does he have to say yes?

 

[chezuki]

A youngster I know, aged 21, got a misdemeanor public intox when he was 18. He went through the diversion program, so I don't believe it's on his record. He's ready to apply for his LTCH, but one of the fist questions is "have you been convicted of a misdemeanor?". Since it was expunged through the diversion program, does he have to say yes?

Yes. It will not prevent "your friend" from getting his LTCH, but omitting it will.

I have a very close "friend" who may have found himself in a similar situation when applying for his LTCH. Said friend was wise to go ahead and list his transgression and now happily possesses a lifetime LTCH.

 

[dozer13]

OH? See that's just great, the wording they use is bad "convicted" i too was arrested for public intoxication minor consumption at 18 (I'm 37 now)but it was dismissed. also a driving on suspended, not having received a drivers license, both of those were dismissed upon getting my license. i did not list those on my permit application because i was not convicted of any of those charges. have not had any issues for the past 15 years IE no arrest. been waiting on my permit for a month now. this means i lied then?

 

[HoughMade]

Arrest and conviction are two very different things.

If you did not plead or a judge or jury has not found you guilty, you have not been convicted.

 

[autogun]

Concerned citizen's wording is not as specific as is necessary for the legal eagles. A conviction means a final judgment was entered finding him guilty. The point of most diversion programs is to avoid a conviction if you mind your p's and q's. It is all still on his record in that a court docket was established and will reflect what occurred. Convictions are not expunged by diversion programs; they are avoided. Expungement is a separate process which can occur after conviction and the completion of a sentence for various reasons which vary from state to state. Sorry for the long answer. The youngsters paperwork should show the case was dismissed with no conviction if he successfully completed the diversion program.

 

[dozer13]

Well good I did make sure to list the improper display of a temporary tag (tag fell off the back window) which ended up being a misdemeanor (I was arrested and jailed for 3 days I was so mad the judge and the prosecutor thought was funny(I'm still not laughing ) and called it time served) well fingers crossed still waiting on my ltch waited till I was old enough(not age but wisdom) to apply and resent health issues (partial amputation on left hand due to a dog bite)

 

[HoughMade]

Misdemeanor? In Indiana?

 

[dozer13]

Misdemeanor? In Indiana?

yes it was a class A misdemeanor, but in Kentucky.I was mistaken in thinking it was a fix it ticket IE go get tags on said car, the car didn't even last as long as the temp tag. ticketed 2011 was then arrested in 2016 for it. like i said the judge an the prosecutor thought it was funny i spent 3 days in Lou. metro basement waiting for court (i didn't find it funny at all) 26 men locked up in a 15 man holding cell sleeping on a mat on the floor longest i've ever been in jail last time was the PI an it was for a day (16 hours) an i was drunk just slept. hell that was 19 years ago(i feel old now).

 

[Concerned Citizen]

Concerned citizen's wording is not as specific as is necessary for the legal eagles. A conviction means a final judgment was entered finding him guilty. The point of most diversion programs is to avoid a conviction if you mind your p's and q's. It is all still on his record in that a court docket was established and will reflect what occurred. Convictions are not expunged by diversion programs; they are avoided. Expungement is a separate process which can occur after conviction and the completion of a sentence for various reasons which vary from state to state. Sorry for the long answer. The youngsters paperwork should show the case was dismissed with no conviction if he successfully completed the diversion program.

I completely agree that my wording was probably inaccurate. He did not have a conviction, he successfully completed the diversion program. So that means he can and should answer no?

 

[SSGSAD]

JMHO, talk to Guy Relford, better yet, call his show, on Sat., between 5 pm and 7 pm,

and ask .....

If you apply, and get turned down, they can make you wait for 5 years,

before applying again .....