You may be eligible for the Underage Alcohol Diversion Program. If you qualify, you can avoid a conviction on your record.
In determining whether you qualify, the Court and the prosecutor consider many factors, including your past criminal and traffic record (including your juvenile record). The prosecutor and the Court have discretion as to whether you qualify.
The benefits of diversion:
|Underage Alcohol Possession on Consumption||Diversion|
|Fine||Up to $1000 (typically about $250)||No fine, program fee is $500|
|Court Costs||Approximately $250 and Up||No court costs, included in program fee|
|Jail Time||Up to six months||If successfully complete program, no jail|
|Record||Criminal Conviction which would have to be reported upon request on any job or school applications||Charge is dismissed; there is no conviction to be reported on job or school applications|
To be considered for the program, you must:
- Pay a $100.00 non refundable fee (credited towards the $500.00 program fee) and fill out an application.
- Be a first offender – absolutely no felony convictions, no drug convictions, no alcohol- related convictions or serious misdemeanor convictions, NOT CURRENTLY IN OR HAVING COMPLETED A DIVERSION PROGRAM OR BENEFITTED FROM AN EXPUNGEMENT.
- Have no pending cases.
- Be accepted in the program by the prosecutor in conjunction with Ohio Revised Code Section 7935.36.
If you are accepted into this program you must plead guilty to the offense and enter a SIX month diversion program which requires:
- Completion of an on-line alcohol program.
- Attending one substance abuse program, such as AA.
- Twenty-four hours of community service.
- Writing a satisfactory two-page report to the Court on what you have learned in the program.
- Not be charged with any other criminal or serious traffic offense during your participation in the program.
You must not get charged, convicted or be indirectly involved in any criminal activity. You are not to use alcohol or any illegal non-prescribed drugs.
It is ultimately up the Judge as to whether you have successfully completed this program.
You can apply to have your dismissed charge sealed at one year from successful completion of the program AND reached 21 years of age.