Treatment in Lieu of Conviction
What is Treatment in Lieu of Conviction?
Treatment in Lieu of Conviction (ILC) is a program that allows individuals charged with a crime to receive treatment instead of a conviction. Typically if a client is sucessfull with their treatment, the court will dismiss the charge(s) and seal their record.
Am I eligible for Treatment in Lieu of Conviction?
To be eligible for Treatment in Lieu of Conviction, individuals must meet certain criteria set forth by Ohio law. These criteria include:
1. The individual must have some substance abuse issue to be treated.
2. ILC is typically available for individuals charged with nonviolent offenses, such as drug possession, theft or other non-violent offenses. However, eligibility depends on the specific circumstances of each case.
3. The individual must agree to participate in the ILC program and complete the prescribed treatment.
4. Typically only residents of Ohio are eligible for Treatment in Lieu of Conviction. However we have had courts work with us, when our client is attending school in another state.
How does Treatment in Lieu of Conviction Work?
1. We file a motion with the court, formally requesting participation in the ILC program. The motion provides details about the defendant's eligibility and the reasons and argument for seeking treatment instead of a conviction.
2. The court orders an evaluation to assess the defendant's treatment needs.
3. Based on the evaluation, a treatment plan is recommended.
4. The court reviews the report, treatment plan proposal, and recommendations when deciding whether to grant participation in the TIL program.
5. If granted, a finding of guilty is held in abeyance to see if the individual successfully completes the treatment.
6. Typically an individual must be in the program for at least a year before the charge is dismissed, although the actual treatment may be much shorter. During this 1-year, many courts will have periodic hearings to check on the status of the treatment.
7. Once successfully completed, we petition the court to have the charge(s) dismissed and to have the records sealed.
How We Can Help!
Free initial Consultation, to discuss if you may be eligible for Treatment In lieu of conviction
Negotiate with prosecutors and court to reduce or amend your charges to make you eligible for ILC
Recommend outpatient or inpatient treatment options
File necessary motions for treatment in lieu of conviction
Advocate, counsel and represent you through the entierety of the process
Make sure your charge is dismissed and then sealed or expunged at the conclusion of your treatment