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Maxmus_Mom

Question about accepting a diversion

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I've been offered a diversion, I have to plead GUILTY first, then complete an 8 hour class then my guilty plea will be VACATED and charges dismissed WITH PREJUDICE.  What does this mean?  After charges are dismissed will they show on my record or not?

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Hi @Maxmus_Mom

 

Welcome to the community and thanks for posting! "Vacating" a guilty plea means legally setting aside, as though it never happened. Being vacated "with prejudice" means that the state cannot later charge you with this same offense again.

 

Regarding whether this will show on your record or not is a different question. It sounds like, if you complete your 8 hour class and meet the other requirements of this diversion, the matter pending against you will be resolved. However, likely the offense, the diversion, vacating the plea, etc. will still be reflected on your record unless you have it expunged.

 

To fully understand this procedure, you may want to speak with your public defender (if you qualify for one), or confer with your own criminal defense attorney.

 

Best of luck and let us know if you have additional questions!

The FindLaw.com Team

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