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Simply put, if alcohol or drugs are involved, a defendant may apply for intervention, complete the program, and have his or her record sealed. For many defendants, this is a great opportunity to keep their record clean. If an offender is charged with a criminal offense * * * and the court has reason to believe that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged * * *, the court may accept, prior to the entry of a guilty plea, the offender’s request for intervention in lieu of conviction.

ILC is a statutory creation that allows a trial court to stay a criminal proceeding and order an offender to a period of rehabilitation if the court has reason to believe that drug or alcohol usage was a factor leading to the offense. “In enacting the legislature made a determination that when chemical abuse is the cause or at least a precipitating factor in the commission of a crime, it may be more beneficial to the individual and the community as a whole to treat the cause rather than punish the crime.” ILC is not designed as punishment, but rather as an opportunity for first-time offenders to receive help for their dependence without the ramifications of a felony conviction.

If an offender is charged with a criminal offense, including but not limited to a violation; the court has reason to believe that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or that, at the time of committing that offense, the offender had a mental illness or was a person with intellectual disability and that the mental illness or status as a person with intellectual disability was a factor leading to the offender’s criminal behavior, the court may accept, prior to the entry of a guilty plea, the offender’s request for intervention in lieu of conviction.

The request shall include a statement from the offender as to whether the offender is alleging that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or is alleging that, at the time of committing that offense, the offender had a mental illness or was a person with intellectual disability and that the mental illness or status as a person with intellectual disability was a factor leading to the criminal offense with which the offender is charged.

The request also shall include a waiver of the defendant’s right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. The court may reject an offender’s request without a hearing.

If the court elects to consider an offender’s request, the court shall conduct a hearing to determine whether the offender is eligible under this section for intervention in lieu of conviction and shall stay all criminal proceedings pending the outcome of the hearing. If the court schedules a hearing, the court shall order an assessment of the offender for the purpose of determining the offender’s eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.

If the offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court may order that the offender be assessed by a program certified pursuant or a properly credentialed professional for the purpose of determining the offender’s eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan. The program or the properly credentialed professional shall provide a written assessment of the offender to the court.

Why Seek Intervention In Lieu Of Conviction?
The World wide legislatures has recognized that in some cases drug use, alcohol use or a mental health disability may have been a leading factor behind a criminal act. Rather than send the individual to jail, he or she has the option of completing a diversion program. This not only helps the individual treat an addiction or mental health issue but allows him or her to avoid a criminal conviction. While the individual must plead guilty, this is not a conviction as no sentence is handed down. However, the individual must complete the court—ordered treatment program.

Expungement-Drug_Record_Lawyer

Sealing of the record after completion!!!
If the court grants an offender’s request for intervention in lieu of conviction and the court finds that the offender has successfully completed the intervention plan for the offender, * * * the court shall dismiss the proceedings against the offender. Successful completion of the intervention plan and period of abstinence under this section shall be without adjudication of guilt and is not a criminal conviction for purposes of any disqualification or disability imposed by law and upon conviction of a crime, and the court may order the sealing of records related to the offenses.

The sealing may be by order of the court, without application, or with application. There may or may not be a waiting period. These factors are decided by the court handling the ILC.

Alcohol and Drugs account for a large majority of crime in Pakistan. If an offender is charged with a criminal offense and the court has reason to believe that drug or alcohol usage by the offender was a factor leading to the offender’s criminal behavior, the court may accept, prior to the entry of a guilty plea, the offender’s request for intervention in lieu of conviction.

Not everyone is eligible to request this relief from the court. Individuals must meet the following criteria:
1. No previous felony conviction or prior interventions in lieu of conviction. Also the individual must be charged with an offense that would result in community control.
2. The offense is not a felony of the first, second, or third degree.

The offense is not one of the following:
• Vehicular Assault
• Vehicular Homicide
• Vehicular Manslaughter
• Aggravated Vehicular Assault
• Aggravated Vehicular Assault
• Corrupting another with drugs
• Trafficking / Aggravated Trafficking in Drugs
• Illegal administration or distribution of anabolic steroids
• Any other offense that requires any mandatory incarceration
• Illegal Manufacture of Drugs, Cultivation of Marijuana or Methamphetamine offenses
• Possession of a controlled substance that is not a felony of the first, second, or third degree. If classified as a felony of the fourth degree, the prosecutor must recommend the individual as eligible for intervention.

expungement-motions

Erasing The Past

3. The individual must be assessed by an appropriately licensed provider, certified facility, or licensed and credentialed professional, a public or private hospital, the department of foreign affairs, another appropriate agency of the government of Pakistan, or a License to Practice an Addictionologist, Addiction Psychiatrist, Addiction & Counseling Psychologist, Substance Abuse or Chemical Dependency Counselor for the purpose of determining the Offender’s eligibility for Intervention in Lieu of Conviction and recommending an appropriate intervention plan.

4. The individual’s drug or alcohol usage was a factor leading to the criminal offense with which the offender is charged, intervention in lieu of conviction would not demean the seriousness of the offense, and intervention would substantially reduce the likelihood of any future criminal activity.

5. The alleged victim of the offense was not sixty-five years of age or older, permanently and totally disabled, under thirteen years of age, or an officer engaged in the official duties at the time of the alleged offense.