Criminal Law: Qualified Cases For a Diversion Program

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First-time criminal offenders, especially those who have only committed minor offenses may not undergo a traditional criminal case process. Instead of incarceration or other forms of punishment, diversion programs may serve as a more practical sentence.

Charges such as shoplifting, minor fraud charges, minor property damage, or a DUI are qualified for diversion programs. In the process toward diversion, it is recommended that the defendant considers the suggestions of his or her defense team for them to come up with the best decision to be presented to the court.

Even before the official start of the proceedings, the defense team may appeal the case to be diverted by suggesting that their client instead undergoes counseling, rehabilitation programs, or community service work. Though diversion may delay the proceedings for a few months, it comes with a cost for the defendant. In exchange for treatment at a rehabilitation center, for example, the defendant would have to pay the court as well as restitution or fine.

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Being subjected to a diversion program requires an individual to undergo counseling or treatment for a minimum of six months. During and after this period, the defendant must show improvement in the area he or she has been accused of. For a DUI or a drug possession case, the accused must demonstrate a reformed lifestyle and seek endorsement from the rehabilitation center. Once the court-mandated time has been fulfilled, the case will be deliberated upon if necessary.

Ann S. Sheeley of Sheeley Law LLC has more than 25 years of experience specializing in personal injury, criminal law, and worker’s compensation. She believes that individuals accused of crimes have a right to be represented by top-notch defense lawyers. Learn more about her practice here.

Expungement: Helping people move on with life

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Criminal records are public records that carry a social stigma. These records are available to future and current employers,
landlords, neighbors, and practically everyone else. And whether convicted or not, people’s reputation are at the mercy of those scrutinizing these records. Sadly for some individuals, a criminal record can cause them their jobs, education, or other potential opportunities in life.

Fortunately, the court can grant expungement of criminal record. It includes the removal of all court records, police department records, probation department records, and the bureau of criminal identification, for whatever purpose it will serve people best.

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As was the case of actor Mark Wahlberg who asked a Massachusetts court to expunge his criminal record so he could join the police force. Fox News reported that the actor was convicted of assaults and battery he committed in 1988, which left one man partially blind. He served three months in jail for the crime.

"I've been working very hard to correct a lot of mistakes that I made since the day that I woke up and realized, 'You know what? I need to be a leader instead of a follower,'" Wahlberg said in an ABC News interview.

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Expungement of criminal records may not be a guarantee of erasing a past mistake, but there are benefits to behold. A Stanford student case analysis found that deleting some criminal convictions from the public record allows previous offenders to find employment easier. The study also showed that expunging eligible records increases tax revenue and reduces public assistance payments.

Past mistakes cannot be undone. All there is to do is moving forward to a better life by making the right decisions.

Attorney Ann Shirley Sheeley promotes the awareness of expungement of public records. Follow this Twitter account for more information.