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Tennessee offers first offender programs in the form of diversion: judicial diversion and pretrial diversion. Judicial diversion permits a charge to be diverted for an agreed upon length of time once the defendant pleads guilty and agrees to the conditions stated by the judge.
Judicial Diversion In Tennessee, the legislature has determined that no one convicted of a DUI is eligible for diversion. Essentially, if judicial diversion is granted (on an offense other than DUI or other serious criminal offense), the offender will enter a guilty plea to the charges they are facing.
If you are eligible and a judge agrees to place you on judicial diversion, you will be required to go on a period of probation, typically from 6 to 18 months. During your probation period, you are required to maintain good and lawful conduct.
The judicial diversion is effectively a conditional guilty plea. If granted, you plead guilty, but the case is dismissed and the court does not find you guilty, if you conform to the terms of your probation.
Tennessee allows first time offenders (citizens who have never pled guilty to or been convicted of a crime) to resolve their charges with specialized probationary periods called diversions. Upon successful completion of probation, the charge may be dismissed and expunged from the defendant's record.
The answer is generally no. Tennessee law allows all but one type of misdemeanor to be removed from a first-time offender's record, and without a jail sentence. These include domestic assault, underage drinking, shoplifting, weapons possession, vandalism, and simple drug possession.
A diversion is an alternative procedure in a criminal case where the prosecution is interrupted through a deal between the defendant and the prosecutor where the prosecutor either dismisses the charges completely or does not bring any charges to begin with.
Pretrial is the time period after an individual has been arrested but before they have been convicted of a crime. During this time period, a pretrial services officer will gather information about the defendant through interviews and record checks.