“I need an expungement”

  1. Introduction

“To err is human, to forgive, divine.”--Alexander Pope, An Essay on Criticism, from Collected Poems 58, 71(1924).

The presumption of innocence afforded individuals facing criminal charges is one of the true hallmarks of our democracy. Nevertheless (and unfortunately), we live in a culture where people, instead of being presumed innocent, are presumed guilty. It is often difficult for the criminally charged to overcome the societal stigma that comes with being charged, even if wrongly accused and later exonerated. And the stigma attaches like an ugly scar when the charge is reduced to conviction. The truth be told, most people who are accused are later convicted, albeit not necessarily for that which they were originally charged.

There are tens of millions of criminal records readily available online. Moreover, it has been estimated recently that 96% of American employers conduct criminal background checks on new hires. As such, the existence of even a single non-violent entry on one’s criminal history – no matter the exact nature of the charge – serves to frustrate efforts of former criminal defendants to secure employment, occupational licenses or to acquire customers if the criminal defendant is self-employed. Thus, the removal of entries on an individual’s criminal history is becoming increasingly paramount in today’s society.

II. Avoiding the Conviction in the First Place

  1. Have to think differently nowadays;
  2. How did we get here? Terrorism and technology?
  3. Diversion Programs
  1. DUI (Sarpy County only);
  2. Low level Felonies/Misdemeanors – these vary from county to county. But this should be your STARTING POINT.

Caveat: Admission to a diversion program will not always be to your client’s advantage. Examples: Entering the military, highly regulated fields like banking or gaming. First Data example.

  1. Katie Benson is your go-to county attorney in Douglas County; Mandy Trout is the Asst. City Prosecutor in Omaha City Prosecutor’s Office

Douglas County Attorney’s

Diversion Services

Contact Diversion Services at: 1-888-715-2325 or visitthe website at:

Adult Felony Diversion ProgramInformation for Applicants

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What is the Douglas County DiversionProgram?

The Douglas County Diversion Program is a voluntaryprogram that offers a one-time chance for a person chargedwith certain crimes to earn a dismissal of the charge.Anyone who wants to take advantage of this opportunitymust meet the Program’s eligibility criteria and agree toabide by all terms and conditions. The Program is entirelyvoluntary. No one may be required to participate under anycircumstances.

The Diversion Program is authorized by the DouglasCounty Attorney and is administered by Diversion Services.The County Attorney makes the final decision regarding aperson’s eligibility and must approve all applications for theProgram. The Douglas County Attorney reserves the rightto deny an individual’s application based on the DouglasCounty Diversion Program Eligibility Criteria.This information sheet is a general overview of the DouglasCounty Diversion Program guidelines for persons chargedwith a felony.

It is recommended that you consult an attorney if youshould have questions about the Program.

If you have been charged with a felonyoffense:

General Eligibility Criteria

The offense must have been committed within theJuvenile adjudications for felony offenses and serious

misdemeanors are considered in determining eligibility forthe Program.

• The amount of damages or loss to the victim may notexceed $6,000.

• Applicants must have U.S. citizenship or a lawful alienstatus.

• Applicants may not have participated in a pretrialdiversion program as an adult.

• Applicants must pay all court costs due when acceptedinto the Program.

Eligible Felony Offenses

You may be considered for the Program provided youmeet all other eligibility criteria:

• Acquiring Controlled Substance by Fraud

• Issue Bad Check

• Possession of Controlled Substances

• Manufacture Marijuana (personal)

• Delivery Marijuana (incidental)

• Criminal Mischief

• Fraud

• Forgery

• Theft (other than motor vehicles)

• Unauthorized Use Financial Device

• Delivery of Marijuana, Manufacture of Marijuana,Burglary and Theft (involving a stolen motor vehicle)offenses will be considered on a case-by-case basis foreligibility.

Ineligible Felony Offenses

You are not eligible for the Diversion Program if charged

with one of these crimes:

• Arson (1st or 2nd)

• Assault (1st or 2nd)

• Assault on an Officer

• Abuse of Vulnerable Adult

• Child Pornography

• Consumer Fraud

• Criminal Non-Support

• Debauching a Minor

• Delivery of Controlled

Substances

• Driving While Intoxicated

• Driving Under Suspension

• Election Fraud

• Unemployment/Welfare

Fraud

• Escape

• Possession of Explosives

• Failure to Appear

• False Imprisonment (1st

Degree)

• Kidnapping

• Manslaughter/Murder

• Motor Vehicle Homicide

• Perjury

• Promoting Gambling

• Robbery or Attempted

Robbery

• Sexual Assault (1st or

2nd)

• Stalking (2nd Offense)

• Tamper with Witness,

Jury or Evidence

• Terroristic Threats

• Theft by Shoplifting (3rdOffense)

Offenses that constitute violations of public trust orprofessional duty are not eligible. You are ineligible if

charged with aiding, abetting, or being an accessory toany of the above crimes.

Additional Qualifications RegardingEligibility

The list of eligible and ineligible offenses in this brochureis not intended to include all criminal offenses set forth inNebraska statutes. The County Attorney reserves the rightto declare any current or future offense not on this list aseligible or ineligible at his sole discretion. The omissionof any specific violation as an ineligible offense does notconstitute grounds for an administrative review of anydecision to deny someone the Program.

Program Conditions For Felony Diversions

Anyone charged with an eligible felony who wants toparticipate in the Diversion Program must agree to thefollowing:

• Waive certain constitutional rights while in the Program,including the right to a speedy trial.

• Sign a Program Agreement which includes all ofthe terms and conditions of participation. Program

conditions vary by the offense and the individual’ssituation. Program agreements may include thefollowing terms:

• Maintain contact with Diversion Services. Loss ofcontact will result in the individual being dropped

from the Program.

• Obey all laws, including traffic laws. Conviction onany new criminal offense, including DUI, will result

in the individual being dropped from the Program.

• Participate in the Diversion Program for at leastone year.

• Maintain residence in the metropolitan Omahaarea.

• Pay a program fee of $75

• Pay an education course fee of $145

• Pay a program fee of $35 a month

• Make restitution to victims for any losses due tothe offense.

• Make a written apology to the victim.

• Maintain employment, enrollment in school or GEDprogram or other training.

• Complete a substance abuse evaluation if alcoholor drugs were involved in the offense. Participatein mental health, alcohol, or drug counseling ortreatment as recommended

• Contribute from 60 to 200 hours unpaid volunteerwork to a nonprofit organization.

• Agree to any other conditions recommended bythe Program or the prosecutor.

Not everyone is required to complete all of theseconditions. Each person signs a Program Agreement

based on their individual situation and offenseBOTTOM LINE: It’s up to the County Attorney. Thus, it never hurts to ask.

Sarpy County Adult Diversion

Sarpy County Adult Diversion is a voluntary pre-trial program offered by the Sarpy County Attorney's Office as an alternative to the formal court process. All cases are referred to Diversion through the County Attorney's Office. Those who complete Diversion successfully will not have a conviction appearing on their record.

Sarpy County Diversion was founded on the commitment to assist people in preventing continued or repeated criminal behaviors. The Sarpy County Diversion Program works to provide adults a full continuum of services in an effort to discourage people from further involvement in Justice System. The foundation of Sarpy County Diversion is based on the premise that not all cases are best served through the formal Court Process and each individual is responsible for their actions. As Sarpy County Diversion is an individualized program we utilize several educational components as well as accountability requirements.

Entry in Sarpy County's Diversion Program does not excuse anyone from appearing in court as scheduled. All people participating in Sarpy County Diversion and/or legal representatives (attorneys) must appear for all court hearings until such time as their case is dismissed. Failure to attend a scheduled court hearing will result in a warrant for their arrest. Failure to appear will also result in the forfeiting of bond money to the courts. Those that are involved in the court process and get a response from the Judge stating their case has been dismissed still have the responsibility to complete their Diversion Program as contracted.

A Diversion Program generally is six months in duration. Common types of cases are first time DUI's, MIP, Possession of Marijuana under an ounce, Possession of Paraphernalia, and Shoplifting.

After successfully completing a Diversion Program a completion letter will be mailed to the client. A copy of the client's contract can be obtained, if available, by the client at the Diversion Office. A photo ID and five dollars will be required. It takes twenty-four to forty-eight hours before the contract can be picked up by the client or mailed to the client's address.

In order to get a driver's license back, reinstatement requirements in the state of Nebraska or of the issuing state may have to be completed. For more information concerning the return of a driver's license, call the Department of Motor Vehicles in Lincoln, Nebraska at (402) 471-2281.

  1. Drug Courts

Again, these vary from county to county in implementation expectations and requirements.

Adult Drug Court (Douglas County)

The Adult Drug Court is a voluntary program supervised by the Douglas County District Court and funded by county and state funds.

The Drug Court allows eligible defendants, referred by the Douglas County Attorney, to earn a dismissal of their current felony charge(s) in exchange for successfully completing an approximate 12-18 month program.

The Adult Drug Court serves a client population residing in the metropolitan Omaha area as well as in several smaller, surrounding communities.

The Drug Court’s objective is to divert non-violent, substance-abusing felony offenders from incarceration to a judicially supervised program of substance abuse treatment, case-management activities, and educational and employment objectives.

A reduction in substance abuse is intended to lead to a decrease in the commission of drug-related criminal offenses and, correspondingly, a reduction of the offender incarceration costs incurred by state and local government entities.

The Drug Court’s ultimate goal is to restore each Drug Court participant to productive citizenry in the community.

No individual is excluded from the Drug Court program on the basis of race; gender; ethnicity or national origin; or sexual orientation.

For National Drug Court information & resources please click on the following link.

Eligibility Criteria

A:Who is eligible for the Adult Drug Court?

1.Candidate charged with a felony offense that is either directly/indirectly related to a substance dependent lifestyle.

2.Candidate whose Counsel contacts the County Attorney’s Office within ten (10) weeks post arrest for the initial screen and approval; Undergo a pre plea screening process at the Drug Court office and be determined High Risk/High Need; ultimately approved by the Drug Court Judge.

3.Candidate must enter a guilty plea in front of a District Court Judge to the charged offense(s); admit to having a substance dependent problem, and agree to complete all requested Drug Court expectations.

B:Who is ineligible for the Adult Drug Court?

1.If one’s admitting charge is violent, such as: Murder, Manslaughter, Robbery, Felony Assault(s), Sexual Assault, and any gun related charges or Terroristic Threats.

2.Not eligible for admission if candidate has any felony convictions for the felonies listed in B: 1.If any of the felonies listed in B: 1 above are older than ten (10) years, than candidate maybe eligible at the discretion of the County Attorney and Drug Court Team

3.Candidate has multiple felony convictions.

4.Current documented and or known gang involvement.

5.Distributing narcotics charges, involving large amounts of narcotics and or money (essentially indicating selling narcotics for reasons aside from supporting personal habit).

6.Multiple prior misdemeanor convictions for crimes against a person; Resisting Arrest, Assaulting a Law Enforcement Officer, Flight to Avoid Arrest or Weapons.

7.Candidate has any unresolved restitution.

8.Candidate has active warrants.

Disclaimer|Webmaster

© 2013 Official site of Douglas County, NE

  1. Have to enter a plea (but it is vacated later on)
  2. Don’t set your client up for failure; need to have a real “Come to Jesus” talk with him/her.
  1. Young Adult Court (YAC)

Young Adult Court

The Douglas County Young Adult Court is a judicially supervised program that provides a sentencing alternative for youthful offenders up to age 25 who are charged with a felony to participate in a program of selective assessment and rehabilitative services administered by multidisciplinary agencies. Judge W. Mark Ashford presides over the program.

In addition to Judge Ashford the Young Adult Court is staffed by Nebraska State Probation Officer/Young Adult Court Coordinator Bob Blanchard, Probation Officer Nick Lurz, Douglas County Attorney Katie Benson and Douglas County Corrections Reentry Assistance Program staff.

Potential candidates for YAC are identified by their defense attorney who requests the County Attorney to review the case for possible screening by the YAC Team. If the County Attorney believes that the individual is a potential candidate, the defense attorney is notified and is asked to have the offender contact the YAC Coordinator for an interview. A Level of Service, Case Management Inventory (LS/CMI) interview is conducted and scored. A suitability report is then submitted by the YAC Coordinator to County Attorney Donald Kleine for approval or disapproval.

If the potential candidate is approved for YAC the first requirement for entrance into the Young Adult Court is that the offender must appear before Judge Ashford and enter a plea of guilty to their felony charge or charges. Judge Ashford then places the offender in the three phase program which includes the following key components:

Phase I - STABILIZATION - 60 to 180 days involving Reentry Assistance Program and Day Reporting Center classes such as Pre-Treatment, Reactive Behavior, Job Readiness and Reasoning and Rehabilitation. Chemical dependency evaluations, mental health screenings and counseling can also begin in this phase. Those needing a GED may start this process in Phase I.

Phase II - TRANSITION – 120 to 240 days may involve participation in self-help groups such as Alcoholics Anonymous, furthering of education, employment, electronic monitoring, transitional living, mentoring, victim offender mediation, and use of outside agencies such as ¾ way or ½ way houses...

Phase III - PROBATION - 12 to 24 months begins with the felony conviction withdrawn and reduced to a class I misdemeanor. Upon completion of Phase III a Graduation Ceremony is held and the individual is awarded a certificate of completion along with an order signed by Judge Shelly Stratman satisfactorily releasing them from probation.

  1. Pointers/Comments:
  1. Again, this is not for everybody. Your client better be serious about turning his/her life around;
  2. No longer have to start out in jail (Re-entry Assistance Program (RAP); this is discretionary with the County Attorney.
  3. After successful completion, there is a movement NOW to vacating the conviction and erasing it from the offender’s record.
  4. This is a l o n g program (2-3 years).
  5. Again, get to know and love Katie Benson in the Douglas County Attorney’s Office as she is in charge of this (and many of the other conviction avoidance programs.
  1. Mental Health Diversion – seems like no one ever gets in, usually because requires County Attorney approval. Contact Jana Andrews at .
  2. Veterans Treatment Court

This program was started in the last year and a half or so and is headed by District Judge Mark Ashford. Most lower level felony crimes can get in except domestic violence crimes. Even felony DUI can get in, but that conviction will not result in total dismissal of the charge because of enhancement issues in the event the offender acquires another one in the future

Douglas County Veterans Treatment Court

MISSION

The mission of the Douglas County Veterans Treatment Court is to honor the service of justice-involved veterans by providing a rehabilitative program that combines intensive judicial supervision and treatment services to address veterans service-related experiences, and enhances public safety by returning law-abiding and productive citizens to the community.

INTRODUCTION

In November 2016, the Douglas County Veterans Treatment Court (DCVTC) was established to offer eligible justice-involved veterans an alternative to the traditional criminal justice system by providing them support and rehabilitation through comprehensive substance use and/or mental health treatment, education, employment, vocational programs; and community resource referrals for housing, childcare, and transportation, all while being judicially monitored. It is an 18 to 24 month program.

Problem-solving courts, such as veterans treatment courts, drug courts, and mental health courts, were developed across the country to address the often unique risks and needs associated with various targeted justice-involved populations. Similar to these problem-solving courts, the general structure of the DCVTC will require participants to enter a plea before the court, but sentencing will be withheld while the veteran participates in the DCVTC. If the participant graduates, DCVTC shall dismiss, or in the case of a DUI referral, reduce charges. If the participant fails to graduate for any reason, then the sentencing portion of the plea will be executed and the participant sentenced in the normal course.

The DCVTC is made up of an extensive collaboration between the criminal justice system (judge, prosecutor, defense lawyer) and dedicated partners, mentors, mental health specialists, addiction specialists, including criminal justice, federal veterans’ agencies, and local community veterans’ organizations. The target population includes military veterans who have been charged with felony offense(s) and who are diagnosed with substance use and/or mental health issues.

DCVTC Application process:

If your client is currently charged with a felony charge and is currently serving or has served in the U.S. Armed Forces (Army, Marines, Navy, Air Force, Coast Guard), any Reserve Component (Army Reserve, Marine Reserve, Navy Reserve, Air Force Reserve, Coast Guard Reserve) or the Army National Guard or Air National Guard, he or she may be eligible to participate in the Douglas County Veteran’s Treatment Court for the 4th Judicial District.