If I was entered into an alternative probation program, amI still considered to be a criminal?

UPDATED: Mar 29, 2011

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If I was entered into an alternative probation program, amI still considered to be a criminal?

I was charged with a battery third degree. When I went to court. I did not plead innocent or guilty. The judge told me to take this class and in a year it would be taken off. I am currently looking for an apartment, will this show up and cause me not to get the apartment?

Asked on March 29, 2011 under Criminal Law, Arkansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It sounds as though you were given what is called "diversion" (or AR's equivalent).  Diversion means that no plea is officially entered into the record but rather a defendant is sentenced to a special probation.  If it is successfully completed, the case is dismissed.  Typically, in a case such as that, the defendant's criminal history record is automatically cleared.  Nothing will show to the public.  However, this doesn't always get done the way to is supposed to and an arrest may still show up. 

At this point you should run a criminal background check on yourself to be sure.  Contact the Arkansas State Police for further information.  The fee is approximately $20 per copy and usually takes 7 to 10 days to process, excluding mail time.

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