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

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. 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 attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


  2. 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 advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.


  3. 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 attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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