Pre-trial diversion: How Does it Work?

Depending on the County and the office, there will be differences between State attorney’s Office about what crimes you’re eligible for pre trial diversion program with. But in a nutshell, if you get into the program, that guarantees that the case is going to be dismissed if you complete the requested sanctions or requirements . Once you complete the diversion program, sometimes there is lag between your completion of the program and actually getting the dismissal or the term, the legal term is a “nole process” from State. But it will happen because you’re locked into the contract just like the State is locked into the contract. When you successfully complete a diversion program: Whether it be a DUIdiversion program, or theft diversion program, or domestic violence battery diversion program, the end result is all the same.

On your side of the contract, you’re saying I’m willing to do things like 48 hours community service, supervision for 6 months, and take an impulse control class. If you don’t do those things, you’re kicked out of the program and you’ve lost the opportunity for guaranteed dismissal. Likewise the State is locked into the contracts. So if you do everything they’ve asked you to do and the State refuses to honor their side of the agreement and dismiss the case, you can actually go to the court and ask them to enforce the agreement. That is one of the great things about the diversion program. After that, as long as you’re otherwise eligible meaning you don’t have the conviction, and that it’s a crime for which you’re statutorily entitled, you can then move on to expunging the record, or sealing the case from your record, so that you can lawfully deny that the arrest ever even happened.

Pre-trial Diversion is an option that lawyers present to individuals quite often, along with the motion to expunge their records immediately after. Though it can only be used once, many people only find themselves on the wrong side of the law once in their lifetime. Speak with a lawyer to decide if PTD is an option for you.