Written & reviewed by NotALawyer Review AI · Updated June 26, 2026
A diversion program is an off-ramp from the usual criminal process. Instead of heading toward trial, you complete a set of requirements — things like classes, counseling, treatment, community service, or restitution — and if you finish, the charge is typically dismissed. These programs are most common for first-time or lower-level offenses, and the rules are set locally.
Diversion usually pauses your case while you complete conditions a court or prosecutor sets. Common requirements include drug or alcohol treatment, anger-management or theft-awareness classes, community service, staying out of new trouble, and paying restitution. Complete them, and the charge is generally dismissed.
Eligibility is set by state law and often by the local prosecutor's office, so it varies widely from place to place. First-time offenders and non-violent, lower-level charges are the usual candidates. Serious or violent charges are typically excluded.
Some diversion happens before any plea, often called pretrial diversion. Other programs require you to plead first, with the plea withdrawn once you complete the program. The difference matters, because it changes what's on your record if you don't finish. A licensed attorney in your state can explain which type is on the table.
Because successful diversion usually ends in dismissal rather than conviction, it can leave you better positioned to clear the record later. A dismissed charge is often easier to seal or expunge than a conviction — though that's a separate process with its own waiting periods and rules.
Say a college student is cited for a first-time, small-amount possession charge. A local diversion program might ask them to take a class, complete some community-service hours, and stay arrest-free for several months, after which the prosecutor drops the charge. Whether that path exists depends entirely on the local rules.
Diversion programs are local, so the way in is usually through the prosecutor, the public defender, or the court handling your case. Ask early — some programs have to be requested before certain deadlines. Talk to a licensed attorney in your state about whether you might qualify.
More on this topic: the Criminal Defense & Rights hub
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