Can a criminal record be sealed after one year if you get a diversion and have good behavior for a year?

Asked about 5 years ago - Logan, OH

If you get charged for a 4th degree misdemeanor but get a diversion to this charge, after one year of good behavior can this charge/record be sealed forever (made to be like the charge never happened)? I was charged with disorderly conduct and this is the first time.

Attorney answers (2)

  1. Brian Russell Hester

    Contributor Level 10

    Answered . I'm assuming you received this charge in Ohio. Some diversion programs automatically expunge records upon satisfactory completition. So first, make sure it hasn't already been expunged. But, yes, you can ask that record expunged. Consult a lawyer.

  2. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . Sealing, or an Expungement, is controlled by State statute. Unfortunately, you do not list what State this occurred in, so there is no way to answer your question accurately. In general, a State typically imposes a waiting period after the completion of the sentence (even for a diversion disposition) before you can even start to apply for this type of relief. I suggest you contact a criminal defense lawyer admitted to practice law in the State where the charge was filed and ask them the question. In my experience, most lawyers are willing to answer these types of questions without charging a fee. Good luck.

    DISCLAIMER
    This answer does not create an attorney-client relationship or constitute legal advice. Given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about this case.

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