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 designed for children that have committed non-violent misdemeanors (See, FDLE’s Website). They must have successfully completed a juvenile diversion program and 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 (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.
Qualifying for an Expungement as a Juvenile
If the child does not meet the qualifications for a juvenile diversion expungement he or she may still qualify for the standard expungement or sealing. You have to consider the automatic expungement process if your child’s offense is a misdemeanor or your child has multiple arrests. 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.
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 to discuss this please fill out the form below. I try to reply within 24 hours.