Does a Diversion Program Affect Your Record in Florida?

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A diversion program offers an alternative to traditional prosecution, allowing eligible offenders to avoid a criminal conviction by completing certain requirements. These programs focus on rehabilitation rather than punishment and are often available to first-time offenders or those facing non-violent misdemeanor charges.

Many people wonder whether participating in a diversion program will leave a mark on their criminal record. The short answer is that while a diversion program can help you avoid a formal conviction, it does not automatically erase your arrest record. Understanding how these programs work and their impact on your future is essential.

What Is a Diversion Program?

A diversion program is designed to address the root causes of criminal behavior while reducing the burden on the court system. Instead of being prosecuted through the traditional court process, eligible defendants enter a program that may include:

• Community service
• Educational courses
• Counseling or treatment programs for substance abuse issues or mental health issues
• Anger management classes
• Regular meetings with a program supervisor
• Avoiding further legal trouble for a set period

If the program is successfully completed, the charges may be dismissed, preventing a criminal conviction.

Types of Pretrial Diversion Programs in Florida

Pretrial Intervention (PTI) Program

The PTI program is offered through the state attorney’s office and is often available to first-time offenders facing misdemeanor or third-degree felony charges. Successful completion of the program results in the charges being dropped.

Misdemeanor and Felony Diversion Programs

Misdemeanor diversion programs are designed for lower-level offenses, while felony diversion programs are available for certain third-degree felonies. Both programs focus on rehabilitation, providing treatment, and educational courses rather than prosecution.

Substance Abuse and Mental Health Diversion Programs

For defendants struggling with substance abuse or mental health issues, these programs provide necessary treatment and counseling in place of traditional penalties.

Domestic Violence Diversion Program

This program is sometimes available to individuals facing a domestic violence charge. It may involve anger management classes, probation, and counseling.

How a Diversion Program Affects Your Record

Arrest Record vs. Criminal Conviction

Even if charges are dismissed after completing a diversion program, the arrest will still appear on your criminal record unless you take steps to have it expunged. A successful diversion program does not automatically clear your record.

Can You Expunge or Seal Your Record After Completing a Diversion Program?

Yes, if you complete a diversion program and your charges are dismissed, you may be eligible to have your record sealed or expunged. This process requires filing the necessary paperwork with the Florida Department of Law Enforcement and meeting specific eligibility requirements.

Who Is Eligible for a Diversion Program?

Eligibility for diversion programs varies depending on the offense and the defendant’s history. Common eligibility requirements include:

• Being a first-time offender
• Facing a non-violent misdemeanor or certain third-degree felony charges
• No prior participation in a diversion program
• Approval from the state attorney’s office

Benefits of Completing a Diversion Program

• Avoiding jail time
• No criminal conviction on your record
• Opportunity for rehabilitation and counseling
• Avoiding long-term penalties that come with a conviction

Final Thoughts

A diversion program can provide a second chance by helping eligible defendants avoid a conviction. However, it does not automatically remove an arrest from your record. If you have completed a diversion program and want to ensure your record remains clear, it is important to explore options like expungement or sealing.

Learn more about diversion programs and their impact on your record in Florida. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you protect your future.

FAQ

1. Does completing a diversion program mean my record is cleared?

No, completing a diversion program prevents a conviction but does not automatically erase your arrest record. You may need to seek expungement.

2. Who qualifies for a diversion program in Florida?

First-time offenders facing non-violent misdemeanor or certain third-degree felony charges may qualify. Eligibility varies based on the case and approval by the state attorney.

3. Can I participate in a diversion program more than once?

Generally, you can only participate in a diversion program once. If you are arrested again, you may not be eligible for another diversion program.

4. How long does a diversion program last?

The length varies depending on the program and the offense but typically ranges from a few months to a year.

5. What happens if I fail to complete the diversion program?

Failure to complete the program may result in your case returning to court for prosecution, potentially leading to a conviction and criminal penalties.