Whitner's attorney asked Municipal Court Judge Angela Stokes on Tuesday to approve his participation in the program that would allow the player to clear his record once he finishes probation. Court spokesman Ed Ferenc says Stokes scheduled an Oct. 27 hearing.
The prosecutor's office didn't object to Whitner's request. Whitner's attorney, Larry Zukerman, said the probation department would recommend whether Whitner is eligible for the program, and the judge would make a final decision.
Whitner was arrested in April on allegations of trying to force his way past police officers dealing with a crowd outside a nightclub. He was charged with disorderly conduct and resisting arrest.