The juvenile diversion expungement is specifically for juveniles who:
- successfully complete a pretrial diversion program
- for a non-violent misdemeanor offense.
A Special Expungement For Juveniles
The juvenile diversion expungement is available for children that have committed non-violent misdemeanors. They must have (1) successfully completed a juvenile diversion program and (2) the State Attorney’s Office must have dropped the charges.
Juvenile Diversion Expungement Advantages
Florida allows for a juvenile diversion expungement to be used when your child has been arrested and charged with a non-violent misdemeanor offense. It does not count towards the use of the one-time standard expungement/sealing remedy. The following must apply:
- The child entered into and completed a juvenile diversion program.
- The offense was a non-violent misdemeanor offense.
- 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.
Qualifying for an Expungement as a Juvenile
The only requirement that a child must have are those of the program. If the child does not meet the qualifications for a juvenile diversion expungement he or she may still qualify for the adult expungement or sealing.
Differences Between Juvenile Diversion and Adult 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 ever 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.
The primary agency that is affected by a juvenile diversion expungement is FDLE. Their records will require that the arrest be removed from public access.
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