Intervention in Lieu of conviction is a program that allows one charged with a crime to obtain a dismissal at the conclusion of the program. In order to be eligible, drug addiction, alcohol addiction, or mental health issues must have played a part in the commission of the offense. The program focuses on treating, rather than punishing, the problem.
Once the charges are dismissed, the record is not sealed off from the public. The arrest record likely still exists. In order to wipe the docket and arrest from the record, one must file to have those records sealed and expunged. When can this record be expunged? Does one have to wait one year for a misdemeanor or three years for a felony? The Ohio Supreme Court addressed this question in State v. Niesen-Pennycuff. In this case, the Ohio Supreme Court held that, because the charges are dismissed at the conclusion of an intervention in lieu of conviction program, there is no conviction. The waiting periods only apply to convictions. Therefore, expungement of the docket and arrest is available immediately. However, the Ohio Supreme Court decided that, just because trial courts can immediately grant a request for expungement, it does not mean that they must. The trial courts could impose their own waiting period, even if the waiting period is as long as those for eligibility for expungement of convictions. A skilled criminal defense attorney, such as this Akron criminal law attorney near Barberton, can help one navigate the different situations and courts.
Some local courts incorporate immediate and automatic expungement relief as part of diversion, intervention in lieu of conviction, first offender programs, or other similar program. Some courts prefer to impose a waiting period.
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To learn more, read my other related posts, where I wrote about Ohio drug courts, ways to avoid going to jail in Ohio, jail time credit in Ohio, Ohio certificate of qualification for employment, Ohio felony theft, Ohio shoplifting laws, and expunging convictions in Ohio. I have successfully defended individuals for both misdemeanor and felony offenses, as set forth in the case highlights section.
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Attorney Gigiano is a Medina County criminal law lawyer in Wadsworth. His dedication to his client’s interests has earned high ratings for Daniel Gigiano in numerous websites. His willingness to take on tough cases and work hard has also resulted in articles and links to his work. If you have questions about this or other questions you need answered by an experienced Wooster criminal law lawyer near Orrville or Massillon criminal law lawyer near Doylestown, Ohio, please call Attorney Daniel F. Gigiano at 330-336-3330.