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2 theft charges: What exactly does this mean?

Saint Clairsville, OH |

said plea will be vacated and the remaining count of theft shall be dismissed with prejudice and the state will not oppose sealing the records.

Attorney Answers 4


I don't practice in OH but I would guess: the defendant entered a plea of guilty originally and then the acceptance of the plea was vacated and set aside and the second count was dismissed and by agreement the prosecutor will not object to the defendant's motion to expunge/seal the records.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Sounds like something that would be entered upon successful completion of a diversion program. Make sure that the record really does get sealed.

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This is how many municipal courts do diversion. You enter a guilty plea, you're sentenced, and then you must complete the terms of diversion within a certain period of time (90 days where I practice regularly) or the sentence will be imposed and a conviction will be docketed. If you complete the diversion successfully though the guilty plea will be withdrawn and the charges will be dismissed.

"Remaining count" makes it seem like one of the theft charges was already dismissed in exchange for your change of plea/entering into diversion. "Dismissed with prejudice" means that the state cannot refile the charges if you're successful in completing diversion. You will still need to file to have the dismissed record sealed, having an agreement on the record that the prosecutor won't oppose it just makes the process a little easier. There is no waiting period to seal a dismissal with prejudice.

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Vacated = dropped. Dismissed with prejudice = not allowed to charge you again for that specific crime.

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