In 2001 I was arrested for felony theft. Apparantly, I had been indicted by a grand jury, arrested and jailed for 5 weeks before seeing a judge. On top of that, when I presented information to my Court appt Atty that contradicted the charges she did nothing with it.
It wasn't until the day before my trial that we meet with the Da and he stated to me; find him something to make the case go away. I asked to look throught the records that was presented to the Grand Jury and maintained by the state organization and found that the records did not contain the documents I presented to my atty. The DA was presented with these document. He made copies of these document and inserted them into the file. Because of missing documents that should have been in my file, I felt this case should have been dismissed.
Instead the DA offered a pre-trial diversion and my atty stated that this would be the best offer I would get. Be mindflul that I told my atty that I did not want to do anything that would give even the possibility that I was guilty and having never been in any legal trouble, attending school, conducting millitary training and raising 2 children while going through this ordeal I trusted my atty to take the best road for me. Ignorance is not bliss and boy was I wrong.
As a requirement of my pretrial diversion I was to report to a probation officer until restitution was made and upon completion this case was to be dismissed. Yes, partial restitution was also apart of this agreement.
My question is, will the probation which was apart of my pretrial diversion agreement affect my abiity to expunge my records? No other charges were affiliated with this case, I've never been charged or convicted before this situation and the indictment was dismissed. This whole ordeal has been one nightmare I'd like to have end.
Thank you for your time.