Public intoxication and possession of marijuana arrests are not uncommon in Indiana. Excise police stings targeting public intoxication and minor consuming alcohol arrests have become all too common on Indiana college campuses. Police canine units regularly do sweeps through campus dormitories yielding volumes of marijuana and drug-related arrests. And college football traditions, such as West Lafayette's Breakfast Club, where students hit the bars in costume at 6:00 a.m. before Purdue football games, fuels public intoxication arrests on game days.
For public intoxication arrests absent aggravating circumstances, it is often possible to resolve the case with a diversion agreement. The same is true for arrests of small amounts of marijuana. A diversion agreement is a contract, often negotiated by the criminal defense lawyer and prosecutor, which allows for criminal charges to be dismissed after one year upon certain terms. At the end of the year, if there are no violations, the charges are dismissed. This offers a "soft landing" for a student who got caught doing something relatively minor. However, there is still a public record of the arrest that is often easily accessible on-line.Why You Should Seal Your Arrest Records Following a Diversion Agreement
The successful completion of a diversion agreement results in charges being dismissed. However, with on-line dockets available to the public in most Indiana counties, there remains an easily accessible record of the arrest. Even if a person was not convicted, an arrest for public intoxication or possession of marijuana can have negative consequences. A prospective employer may search your name on an on-line docket. All of the time, energy and money spent on a college education can be devalued because of a single arrest. Arrest records also carry a stigma that can unfairly result in social discrimination in certain community or social groups. This could affect a person years later if they seek civic leadership positions, coach youth sports, or get involved with certain charities.
Fortunately, Indiana arrest records can now be sealed one year after the arrest. Once arrest records are sealed, it is unlawful to refuse to employ or discriminate against a person in any way due to the sealed arrest. When a petition to seal arrest records is granted, records of the court’s file, files of the bureau of motor vehicles, court service providers, and the state police central repository are all ordered to seal records related to the arrest from public view. If you have completed a diversion agreement, contact Attorney Brett Gibson to seal your arrest records. A college mistake no longer has to cost you for a lifetime.