When alcohol, drugs, or mental health played a role in an individual committing a non-violent felony of the fourth or fifth degree, 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.
Intervention in lieu of conviction is established in the Ohio law (R.C. 2951.041 and R.C. 2951.041(A)(1)).
Eligibility criteria must be met to be considered for participation in this program, to include:
- An assessment of the defendant’s substance abuse history, along with a treatment plan.
- Offender has not been previously convicted of or pled guilty to a felony.
- Offender has not been previously granted Intervention in Lieu of Conviction.
- Offender is charged with a felony for which the Court, upon conviction, would impose community control sanctions.
- Drug or alcohol usage was a factor leading to the criminal offense with which the offender is charged.
- The offender must be willing to comply with all terms and conditions imposed by the Court.
- The offense cannot be a felony offense of the first, second or third degree or an offense of violence.
- The offense cannot be in violation of Division (A)(1) or (2) or Section 2903.06 of the Revised Code (Aggravated Vehicular Homicide); Division (A)(a) of Section 2903.08 (Aggravated Vehicular Assault); Division (A) of Section 4511.19 of the Revised Code (DWI); Section 2925.02 (Corruption); 2925.03 (Trafficking); 2925.04 (Manufacturing and Cultivation); 2925.06 (Steroids); Section 2925.11 (Possession) of the Revised Code that is a felony of the first, second or third degree;
- Cannot be an offense for which a sentencing court is required to impose a mandatory prison term, and/or a mandatory term of local incarceration.
- Intervention in Lieu of Conviction would substantially reduce the likelihood of any future activity.
ILC can be granted on felony and misdemeanor offenses that qualify. All local courts allow for ILC, this includes:
Montgomery County Court of Common Pleas, Greene County Court of Common Pleas, Miami County Court of Common Pleas, Warren County Court of Common Pleas, Butler County Court of Common Pleas, Darke County County Court of Common Pleas, Preble County Court of Common Pleas.