Pretrial Diversion Agreement With Japan
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FAQ
If the person successfully completes diversion, the charges are dropped, the case ends, and there is no conviction for state or immigration purposes. If the person fails the program, they return to ?regular? criminal court to face the original charges.
These offenses are typically minor and non-violent, such as petty theft, personal possession of certain drugs (not possession for sale), and in some states, driving while under the influence of alcohol or drugs.
Completing a pre-plea diversion program, and obtaining dismissal of the charges, does not constitute a ?conviction? under immigration law as long as there has been no plea of guilty entered at any time.
The program allows a defendant to avoid a criminal conviction on their record by completing a specific set of requirements. Upon successful completion of the program requirements, the defendant's charges will be dismissed.
The drug charges that a court may divert are generally nonviolent misdemeanors involving possession or use, particularly for those who have no recent similar prior felony convictions. Diversion is not available for more-serious felonies involving violence or threats and possession for distribution.