Answer:
A person who's been placed in a diversion program will be told by his/her probation officer upon successful completion of the program that he/she doesn't have to divulge that information. Until the person completes the program successfully, he/she has pled guilty to the offense and is on probation. Even after completing probation regarding a guilty plea of a conviction, a person has still been convicted of a criminal offense. Completing probation (except for diversion programs) isn't a "free pass" and doesn't make the offense go away. It just means that the person complied with the court's order. According to the FIL and the FDIA's Section 19, you can't employ a person who is in such a program, but I know of nothing that prohibits you from employing a person who's completed one. I wouldn't, but that's just me. Please get your legal counsel's opinion (in writing) before you change or delete this.
"Minor" traffic infractions may include habitual speeding and "minor" doesn't tell me much. For some folks, getting a DUI is "minor". I'm more concerned with gathering all available information and validating and verifying it. If a person tells you things on the application that you wish to challenge, the subsequent interview is the place to challenge and rebut.
First published on BankersOnline.com 1/2/07
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