Expunging Convictions Without Going to Court in Florida
The most severe criminal sentence, except capital punishment or LWOP (life without parole), eventually ends. The collateral consequences of that sentence often remain forever.
Unemployment is a good example. For various reasons, the convicted felon unemployment rate is over five times higher than the overall unemployment rate.
Sometimes, employers don’t hire convicted felons for valid policy reasons. For example, many insurance companies won’t cover drivers with felony DUI convictions. Other times, employers don’t hire these people due to prejudice. Most of the time, it’s a little of both.
An ounce of prevention is usually worth a pound of cure, especially in Florida criminal cases. If a Tampa criminal defense lawyer acknowledges and avoids the harsh indirect consequences of a felony criminal conviction, these effects never come into play. Options are available in this area, even if the defendant is legally guilty and, in some cases, has a criminal record.
Pretrial Diversion
Pretrial diversion in Florida allows certain eligible defendants who successfully complete prosecutor-supervised programs to avoid criminal convictions by successfully completing a supervised program.
Common program requirements include community service, counseling, educational courses, substance abuse treatment, restitution to victims, regular meetings with a program supervisor, and remaining arrest-free during the program period. Participants must comply with all program conditions within the specified timeframe, which can range from several months to over a year, depending on the case.
Case dismissal may be the primary benefit of pretrial diversion. This result helps individuals avoid a criminal conviction, reduce the long-term consequences of an arrest, and improve future employment, educational, and housing opportunities. In some cases, a person whose charges are dismissed may also be eligible to seek formal expungement of the criminal record, provided they meet Florida’s legal requirements.
Additionally, pretrial diversion is generally risk free. If the defendant doesn’t complete the program, for whatever reason, prosecutors simply pick up where they left off.
For a Tampa criminal defense lawyer, this benefit may be even bigger. Pretrial diversion delays the case, causing evidence to get stale and making it easier to successfully challenge the case in court.
Deferred Disposition
In terms of result (no conviction record), pretrial diversion and deferred disposition are identical. If the defendant successfully completes a deferred disposition program, the judge dismisses the criminal case. In most other ways, they’re very different.
Prosecutors have the sole power to grant pretrial diversion. Judges have the sole authority to grant deferred disposition, although a prosecutor’s thumbs-up or thumbs-down recommendation goes a long way.
Whereas pretrial diversion is a prosecutor-supervised program, deferred disposition is a court-supervised program that’s almost identical to probation. Common deferred disposition conditions include:
- Reporting to a supervision officer,
- Submitting to drug tests,
- Working and/or attending school full time,
- Avoiding further trouble with the law, and
- Staying current on child support and other DSOs (domestic support obligations).
Deferred disposition programs also often include offense-specific conditions, such as a keep-away order in an assault case.
Deferred disposition, unlike pretrial diversion, is risky. If the defendant violates program requirements, the judge could sentence the defendant to anything up to the maximum under the law. This risk is especially worth considering in serious felony cases. Only a good Tampa criminal defense lawyer can determine if the pros outweigh the cons.
Reach Out to a Hard-Working Hillsborough County Attorney
Criminal charges don’t always produce permanent convictions. For a confidential consultation with an experienced Tampa criminal defense lawyer, contact the OA Law Firm. Virtual, home, and jail visits are available.
Source:
uschamber.com/workforce/data-deep-dive-the-workforce-impact-of-second-chance-hiring-3
