Am I still eligible for the diversion program in Fairfax County, Virginia for drug possession?

Asked over 1 year ago - Fairfax, VA

I actually was arrested as a juvenile years prior to this incident. I never actually went to court and I just know that I had to complete some community service and go to a drug program for a few hours. However, I went to the court house and asked them about my juvenile records and they told me there I had absolutely nothing in my juvenile records. So am I still eligible for this program as a first time offender since there is no record I had ever entered a diversion program previously? Thanks.

Attorney answers (3)

  1. Peter Anthony Jabaly

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Mr. Blanch offers good advice. Speak with an attorney to determine if diversion is a good idea in your case.

    The answer provided is for general information purposes and cannot be relied upon. In order to provide legal... more
  2. James Donald Garrett

    Contributor Level 20

    2

    Lawyers agree

    Answered . That depends on how the juvenile court judge handled the case and under what code section they used for the juvenile disposition. You would have to get the court record to see how the dismissal was annotated. If the charge was longer than 10 years ago, the records may have been permanently and forever destroyed since juvenile courts in VA are not a "court of record".

    The two codes sections:

    16.1-278.8 allows a JDR judge to defer a disposition for any charge and dismiss after a probation period.
    18.2-251 allows any judge to defer a marijuana possession charge and dismiss after a probation period.

    The second code section specifically prohibits a person to be eligible for deferment if THAT CODE SECTION has been used for a deferment in the past. That is why I say it depends on what code section the JDR judge deferred/dismissed the first charge.

    Good luck.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  3. Anneshia Miller Grant

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . If there's nothing on file, the records were likely destroyed. Juvenile courts only keep records on file for ten years and then destroy the file. You might go to the local police department and ask for a copy of your criminal record. If you see nothing there either, then I would think you'd be eligible for a first offender status.

    Talk to your lawyer about the issues and follow their advice.

    Be sure to mark the "Best Answer" or Helpful" to your questions. Attorneys on AVVO donate their time and your feedback is appreciated.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
One or more answers have been taken down.

Related Topics

Possession of a controlled substance

Possession of a controlled substance is a drug related crime. You can be charged for having drugs on your person or in your home, vehicle, or other property.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,400 answers this week

3,214 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,400 answers this week

3,214 attorneys answering