What is Pretrial Diversion?
Pretrial Diversion is a discretionary program offered by the prosecutor to an individual charged with certain minor offenses (e.g., theft, marijuana charges, public intoxication, and illegal consumption or possession of alcohol). The charges are dismissed if the individual successfully completes the terms of the Pretrial Diversion program.
For more information, schedule a consultation today.
What are the terms of the Pretrial Diversion program?
The terms of the Pretrial Diversion program vary by offense, but may include the following terms:
- Do not commit a new criminal offense.
- Pay all program fees.
- Perform community service.
- Complete an alcohol or drug class.
The terms are discretionary and Scott Bieniek can help you negotiate more favorable terms.
What are the costs of the Pretrial Diversion program?
The costs vary based on the terms of the Pretrial Diversion program. In Putnam County, the base fees are $254.00.
What happens if I successfully complete the Pretrial Diversion program?
The charges will be dismissed if you successfully complete the Pretrial Diversion program. A criminal background check will show that you were charged with the offense and that it was dismissed. If asked about the charge, you will be able to answer “no” to any question about whether it resulted in a conviction.
In most cases you will be eligible to expunge (seal) the records of the criminal charge after you complete the Pretrial Diversion program. If you completed a pretrial diversion program and want to seal the records, please schedule an appointment today.
***UPDATE*** For individuals charged with an offense AFTER JUNE 30, 2022, if you successfully complete the terms of the pretrial diversion program and all charges are dismissed, the court should automatically expunge the records approximately sixty (60) days after the judge signs the order of dismissal.
What happens if I do NOT successfully complete the Pretrial Diversion Program?
If you fail to successfully complete the terms of the Pretrial Diversion program the court will enter a judgment of conviction and the charges will appear on your criminal record.
Will a Pretrial Diversion show up on a background check?
This one is a little tricky. The charges remain pending against you while you are participating in a pretrial diversion program. If an employer is searching for pending charges, the charges will likely show up in a criminal background check. The case also remains available in the court’s public database (http://mycase.in.gov). We call that the poor man’s criminal background check. If your employer searches your name in the court’s database, they are likely to see the charges pending against you.
Do I have to disclose the Pretrial Diversion on a job application?
This one is also tricky. It really depends on what the employer asks on the job application.
You should disclose the Pretrial Diversion case if the employer asks something like: “Have you ever been charged or convicted of a crime that has not been expunged?”
You should disclose the Pretrial Diversion case if the employer asks if you currently have any criminal charges pending against you.
You do not have to disclose the Pretrial Diversion case if the employer only asks about convictions. For example: Have you ever been convicted of a crime that has not been expunged?
Whether you have to disclose the pretrial diversion program on a job application after you complete the program really depends on whether the charges have been expunged. If you wish to explore expungement, please schedule a consultation today.