DescriptionPretrial diversion programs, which provide treatment and other ancillary support, have consistently demonstrated an ability to reduce recidivism for
substance abusing offenders. However, prior research has almost always overlooked the fact that diversion programs have the potential to promote record
sealing, and therefore the effect of record sealing on recidivism has rarely been studied. The current study compared re-arrest rates for two groups of a first-time,
substance-abusing, nonviolent felony offenders—those convicted versus diverted to treatment in lieu of conviction. Results from the path analysis show that the
effect of criminal justice disposition (i.e., diverted vs. convicted) on recidivism is in fact mediated by record sealing. Specifically, being convicted actually
increased the odds of re-arrest because being convicted decreased the odds of record sealing and getting a record sealed decreased the odds of re-arrest.
Overall, results point to the importance of record sealing in suggesting that the success of these competing dispositions (i.e. conviction vs. diversion) depends largely upon the extent to which they can facilitate record sealing. Evidence from this study suggests that diversion currently offers the best path to record sealing.
Criminal justice policy makers should give more consideration to the potential benefits that may be realized by implementing strategies designed to promote record sealing for first-time, substance-abusing, nonviolent felony offenders.