Will the completion of a diversion program require someone to disclose the offense on an application or will their record be expunged?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will the completion of a diversion program require someone to disclose the offense on an application or will their record be expunged?
My daughter was caught shoplifting today for a minor amount of merchandise (under $10). The police officer suggested that she may be eligible for diversion. She is currently seeking her first job.
Asked on June 2, 2011 under Criminal Law, Nebraska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As long as your daughter's has not been in trouble with the law before, this is exactly the type of case that pre-trial diversion was created for. It is a program designed to give certain first-time offenders a second chance to avoid being marked by a criminal conviction.
While the details of these programs vary somewhat from jurisdiction to jurisdiction, the basics are usually the same. An individual who is charged with a first criminal offense (typically minor nature) and who appears to be an individual not likely to be a repeat offender, may be given the option of diversion. If the person accepts the offer, then they will enter a plea of guilty to the offense but the judge will not enter an order for same at that time (a person is not guilty until a judge issues a finding of guilt and enters a conviction).
Instead the judge withholds adjudication for a certain period and places the defendant under certain restrictions similar to being on probation. If the individual successfully complies with the terms and of their pretrial diversion, then at the end of the time period the charges are dismissed and the person is not convicted of the crime.
However, if the defendant violates the terms of their diversion agreement, then they will be brought back to court for a sentencing hearing. Since the person already entered a guilty plea to the charge, they no longer have the right to go to trial on the case. Therefore, if the judge determines that the defendant failed to complete the program, then the defendant will be convicted and sentenced for the crime.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.