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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.
Only certain cases qualify for pre-trial diversion in Indiana. In all cases, a defendant must admit responsibility for their crime to the satisfaction of the prosecutor and judge to be eligible for pre-trial diversion. Diversion is also only generally available to first-time, nonviolent offenders.
Program Details If you are offered and accepted into the Diversion Program, your case will be dismissed after a period of 1 year (thereby avoiding a conviction) as long as the requirements and conditions of your specific agreement have been fulfilled.
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.
If a background check is run, the court records will show that the defendant participated in the Pretrial Diversion Program and that charges were dismissed.