Pre-trial intervention (PTI) program does not show up on background checks. Participating in a PTI program is a legal option that provides you the chance to have your charges dismissed. PTI helps you avoid prosecution by giving an alternate path to remediation.
Once you complete a PTI program, there will be no charge cited against you for the initial offense. However, it is important to note that your arrest record will still show up on your background check unless you get it expunged.
How Do I Clear My Record After Finishing a Pre-trial Intervention Program?
Although a pre-trial intervention program will not appear in your background check, successful completion of this program does not automatically clear your record. For example, your arrest for the initial offense will still show up in a background check, even after your case is dismissed. You must go through steps to clear your record after finishing a PTI program.
The process to delete your record is known as a sealing or expungement process. It refers to procedures that allow defendants to make their arrest record inaccessible to the public. That means your employer, landlord, or whoever performs a criminal record check will not be able to access your arrest record related to the initial offense. You will also no longer show up on the Clerk of Court’s online portal or online inmate screens.
The Difference Between Sealing and Expunging a Criminal Record
Sealing a record means that your arrest record is non-public, but the details related to the arrest are still maintained or accessed using a court order. A sealed record will remain accessible to you, your attorney, criminal justice agencies, and certain licensing agencies.
On the other hand, when you expunge a record, all physical paperwork and other traces of the arrest kept by criminal justice agencies are destroyed. However, it is important to note that expungement does not remove records from the media, such as Google searches, social media posts, news stories, interviews, and other sources outside of the court’s purview.
If you’ve finished your pre-trial intervention program, our criminal defense attorney can help you get your arrest record sealed or expunged, so it doesn’t show up on your background check.
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What is Pre-Trial Intervention?
Administered by the Florida Department of Corrections, a pre-trial intervention program aims to rehabilitate certain offenders and reduce recidivism. A PTI program aims to rehabilitate by providing services such as counseling, treatment, and other resources tailored to the defendant’s crime.
PTI programs can take up to 18 months to complete. While it may delay any further criminal proceedings for the duration of the PTI program, it gives specific offenders a fair chance to make amends for their actions. In addition, these programs help non-violent offenders avoid the stigma of a criminal conviction in their history, which may jeopardize their professional and personal life. In essence, a PTI is an important step to a person’s second chance at a clean record.
Who is Eligible for the PTI Program in Florida?
PTI programs are only available for certain offenders. PTI programs are offered as an option for specific non-violent misdemeanor and third-degree felony cases go to trial. Along with your current charges, your past criminal record also influences your eligibility for PTI.
Florida Statutes § 948.08(2) lays out the requirements of who is eligible to access this alternative option to standard criminal justice proceedings:
- A first-time offender
- An offender with no more than one criminal record of a non-violent misdemeanor
- An offender charged with a misdemeanor or felony of the third-degree
However, additional considerations may also need to be met for participating in a PTI program in Florida. For example, to be an eligible individual, the offender will need consent from the following parties:
- The victim
- PTI program’s administrator
- State attorney
- The judge who presided over your initial hearing
Can I Enter a PTI Program with a Serious Charge?
If you’re facing a charge more serious than a misdemeanor or third-degree felony, the prosecutor may sometimes agree to reduce the charges. In doing so, you may be permitted to enter a pre-trial intervention program. However, not all charges are eligible for a PTI.
A few examples of crimes that are ineligible for diversion programs include:
- Any violent offense
- Weapon charges
- Aggravated assault
- Attempted residential burglary
- Robbery
- Fleeing the scene of crime
- Felony DWI/DUI
- Unemployment compensation or welfare fraud
Not all charges are listed above, so you should contact an attorney to find out if you are eligible for a diversion program like PTI in Florida. Our pre-trial intervention attorney can review your charges and help ascertain your eligibility potential for the PTI program.
How Does Pre-Trial Intervention Work?
Generally, your attorney will work with the prosecutor to negotiate the different conditions that will comprise your PTI program. The nature of your charge will typically dictate the terms of your PTI.
Once enrolled in a program, you will be assigned a supervisor who you will have to meet at regular intervals. Your assigned supervisor will keep track of your progress and compliance to the terms, which may include:
- Taking random drug and alcohol tests
- Completing a specific number of community service hours
- Staying out of trouble for a particular period of time
- Attending mental health, alcohol, and drug treatment programs as mandated
You may also have to pay fines, penalties, and restitution to the victim. Once you complete all the conditions in the PTI contract, the criminal charges against you will be dropped. However, if you violate any term of the PTI, your case will generally revert to the point right before you entered the program.
Contact A Pre-Trial Intervention Lawyer Today
Your participation in a pre-trial intervention program does not show up on background checks, but you still may need to go through additional steps. If you need more information about how pre-trial intervention programs work or how to get your arrest record deleted from your criminal record, contact our team.
We will review your case and inform you of your legal options regarding PTI programs and expunging or sealing arrest records. PTI can provide a second chance; let Bogin, Munns & Munns help you with the details when you call us today.
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