The court can grant the Motion to Seal a Diversion Record if the person has completed his/her Diversion Agreement and all of the following:
Has spent two consecutive years in the community without committing any offenses or crime that subsequently results in conviction or diversion
Has no criminal proceeding pending against him/her
Has no diversion pending
Full restitution has been paid
Youth/parents must contact the Diversion Program to get the paperwork process started. Records are not sealed automatically; it must be requested.
Destroying Diversion Records
A diversion record for a person 18 years of age will be destroyed by the court within 90 days of becoming eligible for destruction if all of the following are true:
The person's criminal history consists entirely of one diversion agreement or counsel and release
Two years have passed since completion of the agreement or counsel and release
No proceeding is pending against the person seeking the conviction of a criminal offense
No restitution is owing
A person 23 years of age or older whose criminal history consists of only referrals for diversion may request that the court order the records in those cases be destroyed. The court will grant the request if it finds that all diversion agreements have been successfully completed and no proceeding is pending against the person seeking the conviction of a criminal offense.
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