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Diversion Dismissal ≠ Clean Record

by | Oct 2, 2017 | Miami University

The large majority of first-time offenders in the Butler County Area Courts have been cited with offenses that are eligible for the Butler County Prosecutor’s Office (“BCPO”) Diversion Program. However, because participating in the BCPO Diversion Program requires a defendant to waive a significant portion of their constitutional rights, even eligible offenders must hire an attorney before entering the Program.

A successful completion of the BCPO Diversion Program results in a nolle prosequi, dismissing the charge(s); but, a diversion does not mean that your criminal record is “clean.”

Even after a successful diversion dismissal, if an employer, school admissions office, police officer, or background check company ran your criminal history, the report would show the charges that you were cited for and that they were dismissed by the prosecutor. In short, a dismissal isn’t the same thing as an expungement or sealing your record. An expungement or sealing your record is an entirely different process and set of hearings from the Diversion Program.

It’s important to hire an attorney who fully understands the BCPO Diversion Program eligibility requirements and the lasting effect that participation in the program can have on your record.

**Miami University Students: please note that successful participation in the BCPO Diversion Program will not affect Miami University’s decision to seek disciplinary actions against you for violating the law**