A criminal conviction will affect you for the rest of your life. A criminal record can make it more difficult to find a job, obtain housing, and move forward with life. Yet many people who are arrested for the first time simply made a mistake, are suffering from a substance use disorder or a mental health issue, or were in the wrong place at the wrong time. Many first-time offenders can benefit more from counseling than time behind bars. Fortunately, the criminal justice system and juvenile justice system recognize how incarceration can lead to recidivism and why alternatives to jail can still protect public safety. Diversion programs provide an alternative to jail and a criminal record. In exchange for accepting responsibility for your actions and following a treatment plan, you can have charges dropped to keep your record clean. If you are facing criminal charges, and have questions about diversion, contact an experienced criminal defense lawyer for help. Diversion Programs for First-Time Offenders A diversion program, sometimes referred to as a pretrialdiversion program, is an alternative sentencing option in many court systems that allows a defendant charged with certain crimes to avoid a criminal conviction. Diversion or pretrial diversion may be available to people facing first-time arrests or non-violent misdemeanor offenses. While different jurisdictions have different programs, diversion may require a combination of education, counseling, and checking in with the court to avoid further run-ins with the law. Some of the more common diversion programs involve low-level drug offenses. Some people charged with drug possession have a substance abuse problem, and diversion may offer support and treatment instead of incarceration. Diversion programs and deferred adjudication options may also be available for criminal cases involving: First-time offenders Drunk driving charges Military and veterans Mental health issues Juveniles Restrictions and Conditions The criminal justice system makes it clear that diversion is not a “get out of jail free” card. It is a court process to address criminal behavior with restorative justice. There are conditions and restrictions required to complete a diversion program. The conditions are like probation . Failure to follow the terms or complete the diversion program may result in a conviction and sentencing, which could include jail time. The restrictions and costs associated with diversion can be a burden. It is important to understand what you will be expected to do before agreeing to plead guilty in exchange for diversion. Conditions for diversion may include: Checking in with the court or probation officer Submitting to random drug tests and alcohol monitoring Using an ignition interlock device (IID) Undergoing mental health counseling, mental illness program, substance abuse counseling, anger management counseling Attending group therapy sessions or education programs Performing community service Paying restitution and fees for the diversion program Being subject to a protection order Avoiding any new arrests Will I Have a Criminal Record? One of the primary benefits of diversion is that it avoids a criminal conviction. Depending on the state and the diversion program, successful completion of the program may result in dropping any criminal charges. This would mean there is no criminal record for a conviction. A background check would not show a conviction. In most states, if you are asked on an application whether you were convicted of a crime, you can answer “no.” Unlike expungement, you would not have to first be convicted to try and get the conviction removed from your record. There may be some trace of your arrest and criminal history in the diversion program, but this is generally not available in public background searches. The criminal arrest and other court records may be available to law enforcement and the courts. This may affect the penalties and charges if you are accused of re-offending. Some professional licenses and professions may require you to report any previous arrests, even if they did not end in a conviction. Do I Qualify for Diversion? Not all offenses or defendants are eligible for a diversion program. Generally, low-level, non-violent, and first-time offenders have a greater chance of getting diversion. However, the court may have discretion over whether to offer diversion. Diversion programs vary by state, and sometimes by county or individual judge. There are also different types of diversion. Depending on the state, the role of drug courts, mental health courts, and social services in that jurisdiction, and the availability of service providers in the diversionary programs, offenses that may be eligible for diversion include nonviolent offenses like: Drug possession Drunk driving Vandalism Disorderly conduct Possession of drug paraphernalia Public intoxication Some charges are not eligible for diversion programs. This may include violent offenses, like voluntary manslaughter and many sex crimes. Talk to your lawyer about whether you may be eligible. If You Fail the Program or Miss a Meeting The requirements for diversion are not easy. Diversion programs can be expensive and burdensome. Even missing a payment or failing a drug test can result in sending you to jail. Your criminal defense attorney may be able to help you stay in the program if you need extra help. Your lawyer can negotiate to modify treatment or seek another chance to finish the program. If you think you qualify for jail diversion, talk to an experienced criminal defense lawyer for advice and the necessary advocacy to get you into one of those diversion programs.

Criminal Law

What Is Diversion?

By John Devendorf, Esq. | Reviewed by Gary Almeter, Esq.

Last updated February 7, 2024

Key Takeaways:

A diversion program is an alternative sentencing option that allows a defendant charged with certain crimes to avoid a criminal conviction.
Diversion or pretrial diversion may be available to people facing first-time arrests or non-violent misdemeanor offenses.
Diversion may require a combination of education, counseling, and checking in with the court to help the defendant avoid further run-ins with the law.

Diversion Programs for First-Time Offenders
Restrictions and Conditions
Will I Have a Criminal Record?
Do I Qualify for Diversion?
If You Fail the Program or Miss a Meeting

A criminal conviction will affect you for the rest of your life. A criminal record can make it more difficult to find a job, obtain housing, and move forward with life. Yet many people who are arrested for the first time simply made a mistake, are suffering from a substance use disorder or a mental health issue, or were in the wrong place at the wrong time. Many first-time offenders can benefit more from counseling than time behind bars.

Fortunately, the criminal justice system and juvenile justice system recognize how incarceration can lead to recidivism and why alternatives to jail can still protect public safety. Diversion programs provide an alternative to jail and a criminal record. In exchange for accepting responsibility for your actions and following a treatment plan, you can have charges dropped to keep your record clean.

If you are facing criminal charges, and have questions about diversion, contact an experienced criminal defense lawyer for help.

Diversion Programs for First-Time Offenders

A diversion program, sometimes referred to as a pretrialdiversion program, is an alternative sentencing option in many court systems that allows a defendant charged with certain crimes to avoid a criminal conviction. Diversion or pretrial diversion may be available to people facing first-time arrests or non-violent misdemeanor offenses. While different jurisdictions have different programs, diversion may require a combination of education, counseling, and checking in with the court to avoid further run-ins with the law.

Some of the more common diversion programs involve low-level drug offenses. Some people charged with drug possession have a substance abuse problem, and diversion may offer support and treatment instead of incarceration. Diversion programs and deferred adjudication options may also be available for criminal cases involving:

First-time offenders
Drunk driving charges
Military and veterans
Mental health issues
Juveniles

Restrictions and Conditions

The criminal justice system makes it clear that diversion is not a “get out of jail free” card. It is a court process to address criminal behavior with restorative justice. There are conditions and restrictions required to complete a diversion program. The conditions are like probation. Failure to follow the terms or complete the diversion program may result in a conviction and sentencing, which could include jail time.

The restrictions and costs associated with diversion can be a burden. It is important to understand what you will be expected to do before agreeing to plead guilty in exchange for diversion. Conditions for diversion may include:

Checking in with the court or probation officer
Submitting to random drug tests and alcohol monitoring

Using an ignition interlock device (IID)
Undergoing mental health counseling, mental illness program, substance abuse counseling, anger management counseling
Attending group therapy sessions or education programs

Performing community service
Paying restitution and fees for the diversion program

Being subject to a protection order
Avoiding any new arrests

Will I Have a Criminal Record?

One of the primary benefits of diversion is that it avoids a criminal conviction. Depending on the state and the diversion program, successful completion of the program may result in dropping any criminal charges. This would mean there is no criminal record for a conviction. A background check would not show a conviction. In most states, if you are asked on an application whether you were convicted of a crime, you can answer “no.” Unlike expungement, you would not have to first be convicted to try and get the conviction removed from your record.

There may be some trace of your arrest and criminal history in the diversion program, but this is generally not available in public background searches. The criminal arrest and other court records may be available to law enforcement and the courts. This may affect the penalties and charges if you are accused of re-offending. Some professional licenses and professions may require you to report any previous arrests, even if they did not end in a conviction.

Do I Qualify for Diversion?

Not all offenses or defendants are eligible for a diversion program. Generally, low-level, non-violent, and first-time offenders have a greater chance of getting diversion. However, the court may have discretion over whether to offer diversion. Diversion programs vary by state, and sometimes by county or individual judge. There are also different types of diversion. Depending on the state, the role of drug courts, mental health courts, and social services in that jurisdiction, and the availability of service providers in the diversionary programs, offenses that may be eligible for diversion include nonviolent offenses like:

Drug possession
Drunk driving
Vandalism
Disorderly conduct
Possession of drug paraphernalia
Public intoxication

Some charges are not eligible for diversion programs. This may include violent offenses, like voluntary manslaughter and many sex crimes. Talk to your lawyer about whether you may be eligible.

If You Fail the Program or Miss a Meeting

The requirements for diversion are not easy. Diversion programs can be expensive and burdensome. Even missing a payment or failing a drug test can result in sending you to jail. Your criminal defense attorney may be able to help you stay in the program if you need extra help.

Your lawyer can negotiate to modify treatment or seek another chance to finish the program. If you think you qualify for jail diversion, talk to an experienced criminal defense lawyer for advice and the necessary advocacy to get you into one of those diversion programs.