16 y.o. son completed diversion program for charge of disorderly conduct. Should we have record expunged, sealed, or do nothing

Mouthy 16 y.o. arrested for disorderly conduct. Completed diversion program 1 yr ago. Should I have record expunged or sealed or just wait until he is 24 y.o. to have record automatically expunged? What are advantages/disadvantages?

West Palm Beach, FL -

Attorney Answers (2)

Don Waggoner

Don Waggoner

Criminal Defense Attorney - Kissimmee, FL

I would do nothing and here are my reasons. A disorderly conduct charge is a simple 2nd degree misdemeanor. Nobody takes it seriously. In your son's case, the charges were dropped, so no conviction. It won't keep him from being employed, joining the nilitary, from owning a gun, or from getting a professional license. At age 25 it is supposed to be expunged anyway. If he stays out of trouble from here on out, he will be okay. If he doesn't, you may want that expungement for a more seious crime. Good luck.

Richard Earl Hornsby

Richard Earl Hornsby

Criminal Defense Attorney - Orlando, FL

Normally I would agree with Don and advise you to do nothing, but because your son did a Juvenile Diversion program, he may be eligible for a specific expungement provision that would not prohibit him from also moving to seal or expunge something else in the future.

So go hire a good attorney and ask him to explain juvenile diversion expungement to you; and teh pros and cons of moving forward on it.

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