Chris Mansfield was axed from Married At First Sight after it was revealed he was facing domestic violence charges in the US. Photo / Mediaworks
Axed Married At First Sight contestant Chris Mansfield was charged with assault in 2009.
But he was granted diversion by police and never convicted or sentenced - meaning the charge did not come to light before he was selected to appear on the reality show.
Mansfield, 39, was due to appear on the third season of MediaWorks reality show Married At First Sight which airs on Three on September 8.
His removal came after his ex Candace Casady, 32, claimed he "almost killed me a couple of times (through) strangling" before he was arrested on a domestic violence charge on May 4, 2009.
Mansfield pleaded not guilty and was released on bail but the Herald on Sunday understands that after missing a second pre-trial hearing on June 15, he was taken into custody by US immigration services and sent home to New Zealand.
Casady was pregnant with his child at the time he left the US but did not have the baby.
But does not include information about police diversion, Youth Court charges, overseas or Court Martial/military convictions, charges yet to court, charges a person was not convicted of, charges a person was found not guilty of, infringements such as parking tickets, demerit point or driver licence suspension information.
"Just because of legal advice I can't ... I will share later on, but right now I can't," she explained.
Diversion - what is it and who gets it?
Under the police diversion scheme - an alternative to a full, formal prosecution process - offenders are dealt with "out of court".
They must effectively admit to the offending and "complete agreed conditions" set by police by a specified date.
A typical diversion agreement can include a combination of apologising to a victim and paying reparation, attending counselling, education programmes, addiction or "personal issues" treatment, community service and restorative justice.
If conditions are met, police can then seek to have the charge withdrawn.
If diversion is granted, a conviction is not entered.
According to police policy, there are for purposes for diversion:
• to address offending behaviour that has resulted in charges
• to balance the needs of victims, the offender and their communities
• to give offenders an opportunity to avoid conviction
• to reduce re-offending.
"Diversion enables eligible offenders to complete diversion activities within a given timeframe to avoid both a full prosecution and the possibility of receiving a conviction," police explain on their website.
"This means that judicial time is able to be reserved for more serious offences and offenders."
In most cases violent offences are not eligible for diversion.
But police said there were "no hard and fast rules" on diversion categories.
"For every individual circumstance there are different aggravating and mitigating factors that might make someone eligible or ineligible for diversion," their policy states.
While diversion does not show up on a person's criminal record, it may be revealed in a police check.
"If you are vetted by the police vetting service for a role involving the care and protection of children or the vulnerable, or for any other purpose that fits the criteria for police vetting, details of the diversion matter may be released if they are considered relevant to the role for which you are being checked," the police website confirmed.