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-   -   Deferred entry of judgment? Eligible for seal/destroy of records? (https://www.askmehelpdesk.com/showthread.php?t=326429)

  • Mar 8, 2009, 10:12 AM
    kimonogirl
    Deferred entry of judgment? Eligible for seal/destroy of records?
    Is a "diversion program" the same thing as "deferred entry of judgment"? For deferred entry of judgment, the guilty plea is entered but as long as the defendant completes the classes, the guilty plea can be withdrawn and case dismissed. Is that the same for a diversion program?

    And if so, would someone who got their case dismissed through the "deferred entry of judgment" program be eligible to have their criminal record (of only one dismissed misdemeanor) sealed?

    Thank you for your help.
  • Mar 8, 2009, 10:15 AM
    kimonogirl
    Dismissed case. Can arrest record be expunged/sealed/destroyed?
    From what I've read on the posts, it looks like a dismissed case won't show up on a criminal background check since it is NOT a conviction. My son has ONE dismissed petty theft misdemeanor case on his record and we really want to better his chances of finding a teaching job. It is everything he has worked so hard for. I've read that background checks do find the arrest records. He was arrested and fingerprinted at the station. Will that show up on background checks even though the case has been dismissed?

    If so, is there any way to expunge/delete/seal (i'm not sure what the term is) the arrest record?

    Thank you for your time.
  • Mar 8, 2009, 10:16 AM
    ScottGem
    Did you not ask these questions when you were offered the program. It certainly sounds similar to a diversion. But the best place to ask is the court that is offerring you this.

    Please don't start multiple threads with the same issue. I've merged the threads for you.

    Yes, the issue is how deeply they check. For a teacher they may want to do a more thorough check. So it might be better if your son lets prospective know about the incident assuming it was a youthful indiscretion that was never repeated.

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