Drug diversion programs offer alternatives to traditional criminal prosecution, allowing eligible defendants to avoid conviction and its lasting consequences. Successfully completing a diversion program can result in dismissed charges, no criminal record, and a second chance—making these programs valuable options for those who qualify.
What Are Drug Diversion Programs?
Drug diversion programs redirect drug offenders from the criminal justice system into treatment and supervision. Rather than prosecution and imprisonment, participants complete requirements like substance abuse treatment, drug testing, counseling, and community service. Upon successful completion, charges are typically dismissed or reduced.
Types of Diversion Programs
Pre-trial diversion occurs before conviction. Prosecutors agree to suspend prosecution while you complete program requirements. If you succeed, charges are dismissed—you're never convicted. If you fail, prosecution resumes.
Drug courts are specialized courts that supervise defendants through intensive treatment programs. Participants appear regularly before judges who monitor progress, impose sanctions for violations, and provide encouragement. Drug courts typically handle more serious cases than pre-trial diversion.
Deferred adjudication involves pleading guilty, but the court defers judgment while you complete requirements. Successful completion results in dismissal; failure means conviction proceeds based on your plea.
Probation with treatment may include diversion-like elements—substance abuse treatment as a condition of probation—though this typically follows conviction rather than avoiding it.
Who Qualifies for Diversion
Eligibility requirements vary by program and jurisdiction, but common criteria include:
Non-violent offenses: Most programs exclude violent crimes or offenses involving weapons.
No prior convictions: First-time offenders typically qualify; repeat offenders often don't.
Possession charges only: Trafficking, manufacturing, and distribution charges usually disqualify defendants.
Substance abuse diagnosis: Many programs require demonstrating that addiction contributed to the offense.
No serious criminal history: Prior violent crimes, sex offenses, or multiple drug convictions may disqualify you.
Program Requirements
Diversion programs require substantial commitment. Typical requirements include:
Substance abuse treatment: Inpatient or outpatient treatment programs, often for months.
Regular drug testing: Random testing throughout the program—failures have consequences.
Counseling and therapy: Individual or group sessions addressing addiction and underlying issues.
Court appearances: Regular check-ins with judges (in drug courts) or probation officers.
Community service: Hours of volunteer work may be required.
Education or employment: Maintaining work or pursuing education demonstrates progress.
Fees: Program fees, treatment costs, and supervision expenses—though reduced-fee options may exist for those who can't afford full costs.
Benefits of Diversion
Successfully completing diversion offers significant advantages:
No conviction: Charges are dismissed, leaving no criminal record for the offense.
Avoid incarceration: Treatment instead of jail protects your job, housing, and family relationships.
Actual help: Treatment programs address the addiction that led to criminal behavior.
Future opportunities: Without conviction, you avoid barriers to employment, housing, education, and professional licensing.
Consequences of Failure
Failing diversion has serious consequences. If you don't complete requirements, use drugs during the program, commit new offenses, or otherwise violate terms, you may be terminated. Prosecution then resumes—often with less favorable plea offers than were available initially.
Getting Into Diversion
Diversion isn't automatic—you typically must request it. Your attorney can negotiate with prosecutors for diversion eligibility, argue why you qualify despite factors that might disqualify others, and present information about your substance abuse history that supports treatment over punishment.
Early involvement of counsel is critical. Diversion requests are most successful before significant time and resources are invested in prosecution.
Expungement After Diversion
After completing diversion, you may be eligible to expunge arrest records. While charges were dismissed, the arrest itself may still appear on background checks. Expungement seals or destroys these records, providing more complete relief.
Getting Legal Help
An experienced criminal defense attorney can significantly improve your chances of accessing diversion. Attorneys know what programs exist, what prosecutors consider, and how to present your case favorably. If you're facing drug charges and believe you might benefit from treatment rather than punishment, consult an attorney about diversion options.