You may qualify to have your charge dismissed and expunged by participating in a pretrial diversion program, depending on your background and the offense you were charged with.
For many people arrested for a criminal offense, the experience is their only encounter with the criminal justice system. Increasingly, it is recognized that the consequences of even a single arrest and criminal record can be devastating to a person’s reputation, livelihood, and future.
Pretrial Diversion Overview
Pretrial Diversion (PTD) is an alternative to prosecution that seeks to divert certain offenders from traditional criminal justice processing into a program of supervision and services administered by the U.S. Probation Service. In the majority of cases, offenders are diverted at the pre-charge stage or any point prior to trial voluntarily, requiring a signed agreement.
Participants who successfully complete the program will not be charged or, if charged, will have the charges against them dismissed; unsuccessful participants are returned for prosecution.
The major objectives of pretrial diversion are:
- To prevent future criminal activity among certain offenders by diverting them from traditional processing into community supervision and services.
- To save prosecutive and judicial resources for concentration on major cases
- To provide, where appropriate, a vehicle for restitution to communities and victims of crime.
- The period of supervision is not to exceed 18 months, but may be reduced.
Have Questions About Pretrial Diversion?
Are you eligible and/or interested in pretrial diversion? Do you have a question regarding whether you qualify? Looking for other ways to obtain a dismissal and/or expunge your record? Call 214-Release: Hindieh Law at 214.960.1458 for a free consultation.
Pretrial Diversion Programs in the DFW Metroplex Area
Memo Dismissal
- Qualifying Offenses: Most misdemeanors, with some exceptions
- Program Length: 60 days
- Eligibility:
- First offense (Exceptions for prior juvenile, class c, and dismissed cases
- DWIs, Assaults, Burglary Motor Vehicle, and UCW are not eligible
- Benefit: Case dismissed
Misdemeanor Mental Health Court
- Qualifying Offenses: Misdemeanors except for DWI
- Program Length: 6 months
- Eligibility: Axis 1 Mental Illness (major depression, bipolar, schizophrenia, PTSD, etc.)
- Benefit: Case dismissed (with possible expunction)
DIVERT Court
- Qualifying Offenses: First-time felony drug arrests
- Program Length: 12-18 months
- Eligibility:
- No prior UCW or assault
- Must not have been dealing drugs
- Drug abuse or addiction issue and willing to participate in treatment
- Benefit: Dismissal and expunction
Intercepted
- Qualifying Offenses: Misdemeanor Assault Family Violence
- Program Length: 9 months
- Eligibility:
- Under age 25
- No priors for assault or other violent offenses
- No prior felony charges
- No current probation or pending charges
- Benefit: Dismissal and expunction
Veteran’s Court
- Qualifying Offenses: Various misdemeanors & felonies (including DWIs)
- Program Length: 12 months (approximately)
- Eligibility:
- Veteran or Active Duty Military
- Honorable Discharge or Eligible for VA Benefits
- Mental Health or Drug / Alcohol Issues
- Willingness to Participate in Treatment
- Benefit: Dismissal and expunction
Achieve Inspire Motivate (AIM)
- Qualifying Offenses: Various felonies/misdemeanors for youthful offenders
- Program Length: 12-18 months
- Eligibility:
- 18-24 years old
- No aggravated offenses, sex offenses, burglary of habitation, or family violence charges pending or in criminal history
- No other pending cases or current probation
- Benefit: Dismissal and expunction
Stabilization, Engagement, Transition (SET)
- Qualifying Offenses: Pending Felony Offense
- Program Length: 12- 18 months
- Eligibility:
- A resident of Dallas County
- Must be Northstareligible
- Income Limitation (can’t make over a certain amount of money)
- Diagnosis of major depression, bipolar, schizophrenia, schizoaffective disorder
- No sex offender status, Family Violence, Child Abuse, or Arson charges pending or in criminal history
- Benefit: Dismissal and expunction
Tarrant County Pretrial Diversion Programs
- Deferred Prosecution Program
- Veteran’s Court Diversion Program
- First Offender Drug Program
- Domestic Violence Diversion Program
- Mental Health Diversion Court Program
Collin County Pretrial Diversion Programs
Denton County Pretrial Diversion Programs
Pretrial Diversion Program
- Qualifying Offenses: Various offenses (case-by-case)
- Program Length: 12 months
- Eligibility:
- Must admit guilt
- No prior convictions
- Supervised by probation while in the program
- Benefit: Dismissal and expunction
Veteran’s Court Program
- Qualifying Offenses: Various misdemeanors and felonies (including DWI)
- Program Length: 12 months
- Eligibility:
- Veteran With Honorable Discharge or Eligible for VA Benefits
- Must admit guilt
- Have a mental health or drug/alcohol diagnosis in need of treatment
- The offense charged must be related to combat experience or trauma while in military service (some exceptions)
- Benefit: Dismissal and expunction
Schedule a Consultation Today
Are you eligible and/or interested in pretrial diversion? Questions regarding whether you qualify? Looking for other ways to obtain a dismissal and/or expunge your record? Call 214-Release: Hindieh Law at 214.960.1458 for a free consultation. We get you out of jail fast!
