Shoplifting, Larceny, Robbery, Theft Diversion case burried or still alive?

[lessonslearned]

My husband and I got stopped and charged with 211/213(b) Felony 2nd degree robbery, and PC496 receiving stolen property. about 2 years ago we were caught shoplifting in a different location and were charged with petty theft. We were able to plead guilty and were offered the diversion program. We both finished the Diversion program and were told that the charges were dropped upon finishing.

My question is... now that we are facing the above charges is it possible for the diversion program and charges to surface or are they really gone?? My attorney keeps asking if there are any previous charges, I don't want those charges to surface if they don't have to.

 

[Betty3]

It's "possible" for the charges (even fingerprints) to show up in a state database or elsewhere after diversion program completed & charges dismissed/dropped. I would tell your lawyer the truth - work with your lawyer. Don't let any surprises possibly later show up for your lawyer. Sometimes the charges are destroyed by court order & sometimes not.

 

[guestpost]

We were never finger printed or arrested, we were cited in the location and released to go home. We only had court 2 times, once to agree to diversion and once to have the diversion signed off.

My lawyer stated he will not help if we have priors... plus our family will not help if they find out. Thats why we paid the high diversion costs... so it would be in the past.

 

[lessonslearned]

We were never finger printed or arrested, we were cited in the location and released to go home. We only had court 2 times, once to agree to diversion and once to have the diversion signed off.

My lawyer stated he will not help if we have priors... plus our family will not help if they find out. Thats why we paid the high diversion costs... so it would be in the past.

 

[CdwJava]

If you were never booked (taken for photos and prints), and never had to make a plea before a court, then the record should not show up on your CORI (rap sheet). If it does show up, it would be an entry unsupported by any documentation and could not be held up as a prior.

Understand that a citation IS an "arrest," so it may very well show up in a CORI record so don't be surprised if it appears. However, it should also indicate that it was dismissed as a result of the diversion.

Of course, if you have charges of possession of stolen property and robbery through fear, then you have far more serious matters to concern yourself with.