Loop hole for Dismissal......(important)
I found out last week at my PO's office that there is a small loophole in the whole dismissal process for DIVERT. Back story: The whole reason most of us get on the DIVERT program is to have this offense taken off of our record. This way if we ever try to get a job etc. a criminal record will be unable to detect. When your lawyer tells you about DIVERT they usually say that when you are finished with the year long torture you will go to court and it will be dismissed.....WRONG.....My PO informed me that you MUST remain arrest free for two years before dismissal will occur. I honestly don't think the majority of us will be going to jail or arrested anytime soon, but you never know what can happen. So, in the interim I am giving those of you a heads up so you will not be shocked when you realize that it will not be off your record. OH and another, fuck you from the DA.....this offense will not be visible by the public, but it will be visible to officers of the law. Which means that if you are pulled over for any traffic offense after expungement they are able to see that you previously had a DWI....which most likely means they will hassle you more than the average citizen traffic stop. BE CAREFUL and BE AWARE.
Conclusion: After the year of divert, you will go two years before you have to go back to court and have the charges dismissed. Please have your attorney advise you of the process etc so that you can A. save up money to go back to court...and B. have all your ducks in a row for another two years.
I will be taking cabs for the rest of my life ;-)
Cheers xoxo
Conclusion: After the year of divert, you will go two years before you have to go back to court and have the charges dismissed. Please have your attorney advise you of the process etc so that you can A. save up money to go back to court...and B. have all your ducks in a row for another two years.
I will be taking cabs for the rest of my life ;-)
Cheers xoxo
Hey, thanks forthis blog I've found it very helpful. I had one question though: Is the hair follicle test mandatory? I met with my PO and he did not mention nything about that, no one has... like at all... When/How did they inform you about this? Also, do you know anything about the SOP class? Thanks....
ReplyDeleteWhy pay for a hair follicle if we're paying for UA every month... Thanks again!
Hi thanks for the comment. The hair follicle is only mandatory if you travel outside the country...yes the UA should be sufficient but the DA is a control freak and the cost is 250$ so I assume it was too torturous for them to pass up.
ReplyDeleteAdrian I don't know what the SOP class is??? Give me more info.
ReplyDeleteHey, thanks for the reply!! The SOP is supportive outpatient program (another money maker) super expensive class that is required (at least for me) twice a week for 90 days....Well I was wondering, cause my car was in the shop for two weeks, therefore, I was wondering if because of that will they make me take a hair test since technically I was "unsupervised" for that period. Do you know anything about that? Or from what you've heard is it only mandatory if leaving the country?
ReplyDeleteThanks for this blog btw, it's one of the only I've seen. At least now you know you've made a difference even if it is just this one soul. lol
ReplyDelete:) THANKS!
Hi Adrian, I am not sure if they will make you do a hair follicle due to your non interlock usage but its possible. The follicle test is complete bullshit because it tests 2 inches of hair off the scalp...hair only grows 1/2 an inch per month so if they test it will not be accurate for the time frame they are looking for... its all about money and making you feel paraoid etc. Games on behalf of the DA.
ReplyDeleteI have heard of other DIVERT participants being in the SOP classes. This must a new requirement of the DA, there must a bonus someone was missing, or a vacation in Tahiti that someone booked. Its crap!!!
When you get to the class let me know the details of what is involved. I'm sorry you have to go through this. Thanks so much for your comments!!!
cheers
Hi Lifelesson1,
ReplyDeleteTo begin, I sincerely want to thank you for your time. Your posting here is absolutely a burden-lifting act, for which I am very grateful.
I was under the impression that it would be dismissed on my record after one year and I would have the ability to apply for expunction two years from the ending of Divert, as long as I did not get into any trouble (arrested or ticketed with anything other than a class c misdemeanor aka speeding/traffic ticket). Is this not the case? By dismissed, do you mean expunged or will it really still show as pending on my record after the end of my one year of Divert?
Secondly, I am on mail-in currently. Did they require you to take a hair follocle test at the end of your Divert term? If so, had you passed all of your UA tests?
Could you give us a breakdown of the ending procedures for Divert? Just wondering if it's likely for them to require a hair follicle testing of I've passed all my UA's up to this point. I don't want to spend an extra $150 on something that I shouldn't has to take, given my passing of all UA's. The only other thing I can think that may happen is that they spring onto me a failed test at the end of my term that they never told me about and then require me to submit to a hair follocle prior to being released from Divert. Your thoughts and insight are exponentially appreciated Lifelesson1.
Hi, thanks for your comments. Let me answer your questions for you:
ReplyDeleteTechnically, it is dismissed...but an officer of the law can still see it on your record. So if you get pulled over for a traffic violation you will most likely go through a more extensive questioning etc. And then after 2 years of no arrests only traffic violations are accepted you can go back to court to appeal for an expundgement. So basically after the year of DIVERT it will remain on your record until your 2 years of a clean record.
Mail in only requires a UA when asked by your PO, I did not have to do any hair follicle, only when traveling out of the country. I passed all of my UA's but I did not drink or use any type of drugs, over the counter with alcohol etc. for the entire year.
Ending process goes as follows:
Your last PO appointment you will give a UA. Its the usual PO appointment. The PO will tell you they will submit the report to the DA. You should not have to do a hair follicle test. They would have already told you if you failed a test. You would have been taken off the program or had a longer probation period so I wouldnt worry about that. Congrats on being almost finished :)
If you have any other question, feel free to comment!!
Cheers :)
When you were on mail in and called for a UA was it immediate or did you set a date like a next appointment? How did they contact you or were you checking in?
ReplyDeleteThere was only one instance where they called me to go in for a UA and she left a message telling me I needed to go in between 7:30-6pm the next day to give a UA. This was right after New Year's eve so I am sure that was why she did it. The mail in was usually scheduled during the next appointment and she never asked me to take a UA when I came in every other month. She just asked for a breathalyer in the office. By then they are usually somewhat lenient if you have cooperated with everything else.
ReplyDeleteFor your mail in, just be sure to send it on the first day of the month. They will not have you check in or hassle you as long as you have it in to them within a couple of days. I did not check in with them anytime during mail in. Only when I had to actually go to an appointment.
Just wanted to ask, how many times did they ask for a random UA. They always say random, but the only times I've gotten them have been every time I've seen my PO. I've been put in mail in form now, (its been 6 months) and also the interlock off. But sometimes I get paranoid that my phone might not get the call for some reason or they might not leave a message.
ReplyDeleteNow I'm going to be mail in until September.
Do you know if they do etg for UA in San Jacinto? The pee bottle says drugcheck nxstep, which, at least from the site, doesn't offer urine etg. DO you know if they are open on Saturdays and Sundays?
ReplyDeleteHi, first question....if they call you they have to leave you a message. I only got one randome UA the entire year I was on DIVERT. So I wouldn't worry too much as long as you've been "clean", I would smoke weed or anything and if you drink just be aware of the time for it to go out of your system. I took a Xanax once and freaked out when they called for my UA but it never showed. They are not open on the weekend, so no worries. :)
ReplyDeleteSorry, I meant to say I WOULD NOT smoke weed....jeez not good :/
DeleteThanks! that helps a lot. I guess if they called you the day after New Years, if they do call me a probable date might be after the 4th of July.
DeleteOh, and I guess you don't know if they do Etg tests when they do UA?
Anyway, this blog has probably been the most informative in terms of the Divert program out there. Most of what you can find on the Internet is just hearsay. Thanks for taking your time to write all of this.
From basic knowledge and what they told me they do test for alcohol in the UA. Whether its true or not is another story, but I didn't want to risk it.
ReplyDeleteThanks, then the blog is doing its job :)
Last and final questions, Lifelesson!
ReplyDeleteWhen you went to court on your very last day of Divert, what all did you have to do? Sign paperwork? Go get one last UA at 49 San Jacinto? Did you have to talk to the judge first hand? Is it necessary you even show up to court?
Lastly, what court number were you in?
Lifelesson, I oh so greatly thank you for this blog man. You really have shown us the light at the end of the tunnel.
Thank you!
Hi. The blog is doing its job :)
ReplyDeleteI did not have to show up to court. The DA sent my attorney an email stating that my dismissal would be signed by the judge and that was it, I was not required in court. My last PO appointment was 3 weeks before my dismissal which was my last UA. I was in court 410...I think. Can't remember but pretty sure that was it. Anyway, the end is the easy part. :)
Good luck!!
Cheers x
Does hair folicle test show minor consumption of alcohol? How can they tell the difference in "cough syurp" and booz?
ReplyDeleteHi,Sorry this is a bit late. Anyway, it would most likely not show up. But if they did detect alcohol the cough syrup and "booze" is all the same as far as they are concerned. The program is zero tolerance so they would most likley note that as drinking.
ReplyDeleteCheers x
LifeLesson1,
ReplyDeleteI have a question: Can you dispute the time frame the interlock device must stay on your car? My divert agreement states I must have it on for 12 mo. and it'll be 6 mos. in April. Also, my lawyer wasn't very good...I really would get a new one for this. Any recommendations?
Hi, Sorry this is a bit late. You can try and dispute but I think its very difficult to get a reduced sentence. If you think you have a chance then I would say find a new lawyer, Mark Theissan is awesome and ask him if its possible and worth pursuing. All he can say is no.
DeleteHope that helps!!
Cheers x