Basics
Pretrial Diversion: The Second-Chance Path That Can Keep a Conviction Off Your Record
Pretrial diversion pauses prosecution before a conviction ever happens. For people with mental illness, it can be the difference between treatment and a record.
Pretrial diversion vs. probation
Probation follows a conviction. Pretrial diversion happens before one. That distinction matters for jobs, housing, immigration and professional licenses.
General vs. mental health tracks
Many prosecutors run general diversion for first-time, low-level offenses. Mental health diversion is a specialized track with clinical screening and treatment conditions, often open to people who wouldn't qualify for general diversion.
Deferred prosecution and deferred adjudication
Related tools include deferred prosecution agreements (the prosecutor holds off filing or pursuing charges) and deferred adjudication (a plea is entered but judgment is withheld). Each carries different record consequences — ask your attorney which applies.
Frequently asked questions
Does pretrial diversion show up on a background check?
The arrest may still appear. Dismissal helps, and record sealing or expungement may be available afterward.
Talk to a mental health diversion lawyer near you
Local rules decide who qualifies. Get matched with a defense attorney who handles diversion in your county.
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