What is a Diversion Program?

The concept of diversion in the criminal justice system is not new. However, over the last several decades, there has been an increased focus on the use of diversionary programs as an alternative to traditional prosecution and sentencing. Diversion allows defendants to avoid a criminal conviction altogether by completing certain requirements, such as treatment or counseling.

Common Benefits of a Diversion Program

Diversion programs can be very beneficial for both defendants and the criminal justice system as a whole. For defendants, diversion can provide an opportunity to address the underlying issues that led to their criminal behavior. This can help them avoid future involvement with the criminal justice system. Additionally, diversion can be less costly and time-consuming than traditional prosecution and sentencing. They can also save taxpayer money by avoiding the costs of prosecuting and incarcerating offenders.

Kinds of Diversion Programs

There are a number of different types of diversion programs, and each jurisdiction has its own rules and regulations regarding eligibility and program requirements. If you have been charged with a crime, it is important to speak with an experienced Indianapolis criminal defense attorney who can determine if diversion might be an option in your case.

Eligibility For Diversion

Criminal offenses eligible for diversion are typically nonviolent crimes. The offender is diverted from the criminal justice system and placed into a probationary program. If the offender successfully completes the program, the charges against them are dropped.

Offenses eligible for diversion vary from jurisdiction to jurisdiction, but they often include minor drug offenses, petty theft, and vandalism. In some cases, first-time offenders may be eligible for diversion even if they have been charged with a more serious offense.

If you have been charged with a crime, you should talk to a qualified criminal defense attorney in Indianapolis to see if you are eligible for diversion. An experienced attorney can help you navigate the criminal justice system and fight for the best possible outcome in your case.

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an experienced Indianapolis criminal defense attorney who specializes in first time offenses. We can hold meetings over the phone or in person at our Indy-based office.

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Seal Arrest Records 317-636-7514

Minor arrests that do not result in criminal charges are rare but not uncommon in Indiana. Infractions like public intoxication, for example, are generally dealt with by arresting the offender and placing them in a holding cell, colloquially known as the “drunk tank”, and then released without being charged with a crime once they are sober. This is intended to keep citizens safe from themselves and others when overly-intoxicated and behaving alarmingly in public.

In other cases, offenders are not so lucky. But many are given the chance to enter a diversion agreement in place of stricter penalties and jail time if their offense did not involve aggressive conduct.

Diversion Agreements

A diversion agreement is a contract that is generally negotiated between the prosecutor and the criminal defender. The agreement allows the charges to be dismissed after one year if the defendant meets certain criteria. Criteria mostly includes refraining from criminal activity and arrests, as well as, not violating probation or any mandatory court orders. This is a great program for first-time offenders who are caught committing a minor crime or infraction. It gives them a second chance. But even though charges are dropped at the conclusion of the year, the arrest will still linger on their permanent record.

Arrest Records

Seal Arrest Records 317-636-7514

When a person is arrested, but not charged, or they enter a diversion agreement, their criminal record won’t show a conviction, but it will document the arrest and the details surrounding it. For some, especially those in political or professional positions, having even an arrest on their record is life-changing and can affect certain areas of their life, both vocationally and personally.

For this reason, many people choose to have their arrest records sealed. And the new Indiana Second Chance Law allows qualifying Hoosiers to do just that. Continue below to learn how you can determine your eligibility for record sealing, and where to get started.

Sealing an Arrest

Indiana arrest records can be sealed after one year from the date of the arrest. But keep in mind that there are more qualifications aside from the amount of time that has passed. If you are interested in sealing your arrest records, you can petition to do so at your local county clerks’ office. However, it is not recommended to file without professional assistance. The process of sealing arrest records is highly-complex and tedious. Just one clerical error or missed deadline can revoke your right to petition forever. You must retain the services of an experienced Indianapolis criminal attorney for helping with the filing and petition process. This will guarantee success in terms of proper filing.

Indianapolis Criminal Defense

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 to seal arrest records in Indiana. He works around the clock to ensure your petition is carefully managed and filed in every aspect. And his services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer you can trust.

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

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Will I Be Eligible for a Diversion in Criminal Court?