Avoiding a Criminal Record

A criminal record can have a lifelong impact that continues long after you serve your sentence. Criminal records affect your ability to get a job, go to school, or even find a place to live. With a criminal background, even past convictions for minor offenses can hurt your reputation.

There are several options for you to avoid a criminal record. If you are arrested, here are ways your criminal defense attorney can help you avoid a criminal history.

Avoiding a Criminal Conviction With Diversion

Diversion programs effectively put the case on hold for a predetermined period of time. You must complete all of the prosecutor’s conditions during that time. Diversion conditions typically include:

• Substance abuse treatment or counseling
• Paying restitution by reimbursing victims
• Community service
• Drug testing
• Checking in with your probation officer

You must complete all requirements and pay all fines and court costs by the end of the diversion period. At that point, the case will be dismissed without a criminal conviction showing up on your record.

With diversion, you must follow through on your obligations and stay out of trouble. If you don’t complete the program, you can be immediately sentenced for the crime. Most diversion programs require you to plead guilty to the crime. Since you have pled guilty to the crime, you could face a harsher sentence if you do not complete the diversion program.

Drug Court Diversion Programs

Drug court is another alternative to criminal sentencing. Drug diversion programs allow first-time drug crime offenders to avoid a criminal record if they complete the program. People convicted of drug crimes may have a substance abuse problem, and treatment may be more helpful than penalties under the criminal justice system.

To qualify for deferred judgment, defendants may be required to complete a drug treatment program, drug education, and rehabilitation. If you fail the treatment program, you could face criminal penalties. Successful completion will mean the judge dismisses the charges and your criminal record will be clear.

Alternative Sentencing for Criminal Defendants

Alternative sentencing not only allows a criminal defendant to avoid serving jail time, but it may also allow you to avoid a criminal record. Alternative sentencing typically requires a defendant to plead guilty to the crime. The prosecutor, defense attorney, and the court then agree on a sentence that does not involve jail. It may instead include house arrest, work release, or community service.

Reimbursement Through the Victim Compromise Program

With victim restitution, the defendant agrees to reimburse the victims for any harm the crime caused. This is in exchange for a dismissal of the charges. Typically, a victim compromise program only applies in certain nonviolent misdemeanor cases. A judge must approve your participation in this program. If you are a repeat offender or involved in a violent felony, you may not be eligible for a victim compromise program.

Expungement or Sealed Records

If you were already convicted, it may not be too late to clear your name. A criminal background check will show your criminal history. However, if you get your public record sealed or expunged, a public search will not show your criminal offenses.

Different states have different processes for record sealing. Some felony convictions may not be eligible. Consult a criminal defense lawyer for legal advice if you want to expunge your record.

What Are the Chances of Avoiding a Criminal Record?

The prosecutor must agree to any of these solutions, and it may need court approval. These options are not available to every criminal defendant. Usually, first-time offenders have a better chance for jail alternatives. Your attorney can show the prosecutor and the judge that you deserve mercy and will not commit a crime again.

Attorneys know how these programs work, and they are experienced negotiators. Before simply pleading guilty to try and move on from your criminal case, think about the long-term consequences of an arrest record. Discuss your options with an attorney.

How Can a Lawyer Help Avoid a Criminal Record?

There are several ways an experienced criminal defense attorney can help you avoid a criminal record. Your lawyer can negotiate with the prosecutor and judge to show you will benefit from diversion or alternatives to sentencing. Your attorney can help get you the best possible outcome so you can get a second chance. For more information about avoiding criminal charges, contact a criminal defense lawyer immediately.