Pretrial Diversion or Treatment Instead of Criminal Conviction

If you’re charged with a crime for the first time, you might not be looking at prison, or even jail time. People who know they won't go to jail often think that a quick guilty plea is the best way to put a nasty experience behind them quickly.

Unfortunately, a conviction on your record could have equally nasty effects on your future. Even if you’re eligible to have the conviction expunged at some future date, it will be available to the public until that time and can influence potential employers or keep you from getting financial aid for college. For many defendants, alternatives exist that might let you walk away without a conviction on your record.

What Is Pretrial Diversion?

Many states have pretrial diversion programs, which are a way to “divert” a defendant away from criminal prosecution and toward rehabilitation. Diversion can be a great option when facing criminal charges because it lets the person avoid a conviction. Some diversion options allow a defendant to avoid criminal charges.

What Are the Requirements for Pretrial Diversion?

The procedures for granting diversion vary from state to state and sometimes county to county and court to court. It might also depend on whether the process is court led or prosecutor led.

Deferred Adjudication: Court

Often, to qualify for diversion, you must admit your guilt and offer a guilty (or no contest) plea. The court will then put your guilty plea on hold while you participate in a program similar to probation for a set period of time. Some states refer to this type of diversion as "deferred adjudication." A defendant must usually waive their right to a speedy trial as well.

The requirements of diversion might include making restitution to the victim, attending classes, performing community service, and fulfilling any other conditions the court thinks are necessary for rehabilitation.

If you successfully complete the program, the court will dismiss the charge against you and normally will expunge the record of your arrest. This means that you won’t be convicted of any crime, and even the record of your arrest will no longer be available to the public.

Deferred Prosecution or Pretrial Intervention: Prosecution

Sometimes, diversion occurs earlier in the process—before you even get to court. This process goes by different names around the country, but essentially it's the prosecutor's office entering an agreement with a defendant to hold off on charging or pursuing charges. Under this type of agreement, the defendant doesn't enter a guilty plea.

As part of the agreement, the defendant must fulfill certain requirements, such as no new charges and treatment. Upon successful completion of the terms, the prosecutor agrees to dismiss the charges. Failure to abide by the agreement terms, on the other hand, means the prosecutor can reinstate or pursue the charges against you.

Can You Get Pretrial Diversion for a Felony?

Depending on the jurisdiction, some felonies involving drugs, theft, and similar nonviolent conduct are eligible for pretrial diversion. Also, some states, like California, have enacted laws that allow “pretrial mental health diversion” for any misdemeanor or felony (but not things like murder and rape) committed because of a serious mental health disorder. (More on mental health treatment programs below.) (Cal. Penal Code § 1001.36 (2026).)

Usually, diversion is available only for nonviolent crimes, such as theft and drug offenses. That said, some counties have special diversion programs for things like misdemeanor domestic violence (here’s an example), because they recognize that early intervention could prevent more serious domestic violence down the line. In some states, diversion is available only for a first offense.

Special Types of Diversion: Treatment Instead of Prosecution

Many jurisdictions have special programs for people who have drug problems or other mental health issues that led them to commit crimes. Ohio, for example, has a program called “intervention in lieu of conviction” (ILC) for certain types of nonviolent crimes that are caused by mental illness or a drug or alcohol problem. And as noted above, California has a diversion program for people who commit crimes due to mental illness, and it also has a separate drug diversion program. Many states also have special treatment programs designed to meet the distinct needs of veterans and military service members.

(Cal. Penal Code §§ 1000 to 1000.65; Ohio Rev. Code § 2951.041; Tex. Gov't Code ch. 124 (2026).)

Who's Eligible for Drug Court, Mental Health Court, or Veterans Court?

Whether someone is eligible for one of these programs depends on the laws of the state or county where the crime happened. Where applicable, they’re often available for many kinds of misdemeanors. And in some states, they're available for certain types of felonies.

Some jurisdictions have dedicated drug courts, mental health courts (sometimes called behavioral health courts), or veterans court to administer these special programs. In other places, the criminal court handles the cases that are in the program.

Usually, these programs operate the same way as traditional diversion: A guilty plea is put on hold while the defendant completes a period of supervision during which they’re subject to various conditions. (Note that California's mental health diversion program doesn't make the defendant admit guilt before entering the program.) The conditions will specifically include treatment for the defendant’s drug or alcohol problem, as well as testing to ensure they stay clean and sober for the treatment period. Or, when mental illness is the underlying problem, the court will order the person to participate in a mental health treatment plan. The court might order other conditions as well. When someone completes the treatment and supervision period, their charge is dismissed and the arrest record is sealed.

Explore Your Options Before Pleading Guilty

All of these programs have conditions and exceptions. Those conditions may be different depending on the county or court the case is in, and they often change. Speak with an attorney familiar with the court and programs available in your jurisdiction to find out if you might qualify for one of these alternatives. Don't expect the court to notify you, especially at your first appearance. If you just plead guilty the first time you go to court, you may never know that you could have avoided a conviction.