After completing diversion program does court still have record of your charge?

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Me and the family are pretty strapped for cash right now and I am trying to figure out if I definitely should hire a lawyer or not.

I’m turning to yahoo for a final opinion on a legal decision.

I stupidly got charged a couple of months ago for an open container of alcohol. This is my second alcohol offense. The first one was minor in posession of alcohol. The first incident was in December of 07 and I got out of the charge at a show cause hearing by accepting a diversions program which was 30 hours of community service and a 6 month probationary period. Does anyone know if the court will have record of the previous incident? The second one happened after the probationary period and I know I have one friend who was had two similar instances where they had no record of the first one so he just did the diversions program again but another friend who had two similar charges and is now getting arraigned.

I’m stressing a lot about this and I want to do whatever I can to avoid a criminal background but it would really cause a lot of strain financially and I don’t want that unless it’s really necessary so if any lawyers or someone who has happened to be through this before want to offer an opinion plese do.

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3 Responses to After completing diversion program does court still have record of your charge?

  1. laughter_every_day says:

    Courts do not destroy records. Ever.

  2. Mr. Goodhi says:

    Yes They Do.

  3. annababy says:

    Courts purge (destroy) records all the time, but keep a record of the records they’ve destroyed =) So both the posters above are right and wrong.

    Basically, all diversion is, is a program in which you serve an informal probationary sentence, and if completed successfully, the original charges will be dismissed. They do NOT get deleted from your rap sheet unless you ask for it via a petition for expungement; it’s not automatic. And if this happened in the same county, yes, the court will indeed know about your prior case. After a few years, those original records themselves–as in the original paperwork–can be destroyed, but the arrest and dismissal of charges will remain on your rap sheet until a judge orders them expunged**. This could explain why one of your friends had ‘no record’ and the other did.

    **This process may vary from state to state, but most work that way.

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