Diversion program and drug testing

citysmog

Bluelighter
Joined
May 12, 2010
Messages
152
My girlfriend was caught shoplifting and I was with her. My lawyer says he can get me into a diversion program to get my charges dropped, does anyone know if they will drug test me?
 
It doesn't sound like a drug-related offense, so I would doubt it, but never-say-never. You should ask your attorney what the terms of your diversion program would be.
 
Yeah, you'll get a list of the terms of the program that you agree to. I don't think they would drug test you unless you have drug related priors (but they'll probably test you cuz they seem to love that).

I don't understand why they'd even bother to charge you. It would probably be like a week in jail vs. 6 months-1 year diversion. Do you have priors? Or is there something missing from the story.

Actually talk to your lawyer about doing a little jail time + having it dropped after 6months-1 year with no charges. Diversion programs/probation can be an awful time if you're not willing to quit using. And while they may not test you, you should count on them testing you.

Its f'n risky, I did 3 years probation w/o getting drug tested (so you could get lucky). But I know people who've super fucked themselves over with diversion programs and ended up regretting it.
 
You always get tested as part of the diversion program. it dont matter if you on for writing bad checks, they piss test you. I know people on probation who got in there for doing totally, completely un drug related shit and they get tested every single time they go into probation.

Probation and a diversion program version of probation aint the same thing tho.

Usually the way they do it, is you go in the first time, they take a piss test, if you are clean, they dont call you back til the end. You can expect that first test for sure, but if you lucky, and you piss clean, after that they will even tell you straight up--Pass this and we aint gonna call you back til the end. Its pretty common to work that way in DP's. that was my experience and also the experience of many, many people I have known.

You go in that first one dirty tho and youll have to actually deal with the whole probation experience. its much, much better to go in clean and almost guarantee that youll be off the hook til the end of ur program.

There is exceptions, sometimes they will just fuck with you for no reason some posters here have mentioned that, but usually there is some kind of outside circumstance of why they go hard on you. Its very reasonable to think that you will have a pretty easy time as long as you piss clean in the beginning. But dont think that just cuz ur offense aint drug related that they aint gonna test you becuz its standard procedure to test any and everybody who comes in there.
 
Lacey K said:
You always get tested as part of the diversion program. it dont matter if you on for writing bad checks, they piss test you. I know people on probation who got in there for doing totally, completely un drug related shit and they get tested every single time they go into probation.

I'm on diversion right now and I don't have to report to anyone.
 
You always get tested as part of the diversion program. it dont matter if you on for writing bad checks, they piss test you. I know people on probation who got in there for doing totally, completely un drug related shit and they get tested every single time they go into probation.


I suppose that's the working assumption that most offenses are drug-related in some way.
 
I said on PROBATION. When you are on diversion you aint on probation. I was makin a comment about how your crime is usually irrelevant when you get sentenced to a program like diversion or probation, that they still can and will piss test you.

I also said that when you are on diversion like COnditional Discharge, you usually dont report. You go in the first time, give a test which sometimes may be a swab test not even a piss test, and then if its clean, you dont report again. its very common to do it that way in places like where im at in jersey where the system is mad overloaded. It can be different in different places, but everybody i ever known who did a diversion program and myself included, always had the exact same experience. Go in once, give a test, never report again. for the most part thats the usual routine, but it CAN be different, and if the PO got a good reason, or any reason, they might treat you more like a regular probation client and not a diversion program participant.

My point is, i aint saying that everybody who does diversion will have it that easy, but just wanted to make my post a little clearer from before since you seemed to misunderstand wat I was saying.

The idea was just that regardless if its a DP or regular probation, you can go in there for check fraud and still get piss tested, it aint only people with drug offenses who get drug tested. Thats all. Just that with a DP its more likely that youll get tested once and then not have to report again, where on probation you gotta actually report to your PO. hope that cleared it up...
 
Well whoever advised me to do jail time must be a little crazy XD, but uh my lawyer sorted it out, I only had to do one session of a "diversion program" and I payed a 540 dollar fine and I was let of without any charges, I guess I got lucky, oh and no drug test. Mods can feel free to close this my problem was solved.
 
Well whoever advised me to do jail time must be a little crazy XD, but uh my lawyer sorted it out, I only had to do one session of a "diversion program" and I payed a 540 dollar fine and I was let of without any charges, I guess I got lucky, oh and no drug test. Mods can feel free to close this my problem was solved.


Just bear in mind that while your charges were dismissed, you have an arrest record now. If you are caught again, they won't be so lenient.
 
Just bear in mind that while your charges were dismissed, you have an arrest record now. If you are caught again, they won't be so lenient.

My lawyer told me I don't have an arrest record now, I just have a record of me going into a diversion program. I am not sure if this 100 percent accurate but I will defiantly be a lot more careful in the future.
 
Perhaps you misunderstood (or maybe not) your attorney because completing a diversion program does not automatically ensure the removal of your arrest record (I know this because I completed one for something else). You don't have a criminal record because your charges were dropped and you weren't convicted, but you were still arrested. Typically, having the record of your arrest removed requires what is known as an expungement, where you petition the court to have the record of your arrest removed. This is a process separate from having your charges dismissed. Sometimes a judge will expunge your record when your charges are dismissed but that's uncommon.

Courts DO have a record that your charges were dismissed, and this is your one "get out of jail free" card. Diversion programs are a one-time-deal, and if you are charged again, you will not be offered a second one. That's how the judge explained to me at my court appearance, and so did my attorney.

Many people who have completed a diversion program find that the record of their arrest does not appear upon a criminal background check. Unless you know for certain that your arrest record has been expunged, you must check yes when asked if you have ever been arrested. If your record has been expunged, then you can honestly and legally check no in response to that question. The best way to know what your arrest record says is to perform one for yourself.
 
However it the OP should know that the majority of job applications phrase the question as "Have you ever been convicted" , so you can still check no most of the time unless they specifically ask about arrests. I actually have never seen a job app. that has asked if i been ARRESTED in my life, and I been unemployed for the past 2 years so I seen a whole lot of job applications. :)
 
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