Court Rules Completed Diversion Not a ‘Conviction’

In a unanimous opinion, the Tennessee Supreme Court today ruled that a guilty plea expunged after successful completion of judicial diversion is not considered a conviction, and should not be subject to review in post-conviction proceedings. The ruling came in the case of Jose Rodriguez, a Mexican citizen, who entered a guilty plea in 2007 for patronizing a prostitute in the Nashville area. He was then placed on judicial diversion. Rodriguez successfully completed his diversion and his criminal record was expunged in January 2010. The Tennessee Supreme Court found that since Rodriguez was not “convicted,” he was not eligible for post-conviction relief, which he had sought to avoid any negative immigration consequences of his guilty plea. The Chattanoogan has more.