A Special Expungement For Juveniles
Eric J. Dirga, P.A., Office Orlando
Juvenile Diversion Expungement Advantages
Florida allows for a juvenile that has been arrested/detained and charged with a non-violent misdemeanor offense to expunge it by a method specifically designed for juveniles. It does not count towards the use of the one-time standard expungement/sealing remedy. Provided the following applies:
- The child entered into and completed a juvenile diversion program.
- The offense was a non-violent misdemeanor offense (contact us for information on what is considered “violent”).
- The expungement process is completed within 12 months of the completion of the juvenile diversion program.
This is a great option for children who make a one-time mistake. You want to be thinking about this as soon as the child enters into the diversion program. The sooner it is started the better chance of completing it on time.
If the child does not meet those qualifications they may still qualify for the standard expungement or sealing and you have to consider the automatic expungement process if your child’s offense is a misdemeanor. You should look at all options.
Differences Between Juvenile Diversion and Standard Expungement
Despite both of these methods being called “expungement” there are some differences. The juvenile diversion expungement does not allow you to deny that the arrest never occurred. Additionally, criminal justice agencies, such as the arresting agency, sheriff’s department, and state attorney’s office do not have to destroy their records but must still maintain them as confidential juvenile records.
I Can Help
It is not easy to decide whether or not your child needs to have this procedure done. It depends a lot on the facts surrounding your child’s case. If you would like my advice please fill out the form below. I try to reply within 24 hours excluding weekends, holidays, and vacations.