default.html.twig template not found for page: /resources/general-criminal-law/what-is-a-pretrial-diversion-programMinnesota diversion programs allow people accused of crimes to avoid formal conviction by completing a structured alternative program (such as counseling, community service, or educational courses) in exchange for having their charges dropped or not filed.
Diversion serves two purposes: it gives eligible defendants a path away from the collateral consequences of a criminal record, and it reduces the burden on Minnesota's court system by resolving lower-level cases outside of traditional prosecution.
There are two types:
| Type | When It Applies | Outcome If Completed |
|---|---|---|
| Precharge diversion | Before formal charges are filed | Charges are never filed; case does not enter the public legal system |
| Pretrial diversion | After charges are filed, before trial | Legal proceedings are paused; charges are dropped upon completion |
Pretrial diversion is the more common of the two. In a precharge program, the prosecution contacts the alleged offender directly. If the state reaches out to you about participation, consult a defense attorney before responding.
Most diversion programs in Minnesota are limited to first-time or minimal offenders charged with low-level, nonviolent crimes. Eligibility varies by county and by the type of offense. Prior participation in a diversion program typically disqualifies a defendant.
General eligibility criteria:
Eligibility is not automatic. The county attorney and the court have discretion to approve or deny participation depending on the specific facts of the case and the county's program structure.
Do not plead guilty before speaking with an attorney. Once you enter a guilty plea in court, you may lose eligibility for diversion. Some programs do require a guilty plea or admissions held in escrow, but this should only happen with legal counsel guiding the process.
Minnesota offers several diversion programs based on the type of offense charged. The programs listed below are among the most common; availability depends on the county.
For defendants accused of shoplifting or low-level theft at the misdemeanor, gross misdemeanor, or sometimes felony level. Participants typically complete classroom instruction, write an apology letter to the victim, perform community service, and pay restitution.
For drivers who received a moving violation. The program generally involves an online or in-person driving course covering traffic laws and safe driving habits. A written test may be required.
For drivers whose license has been suspended or revoked due to unpaid citations or fines. Eligible offenses include Driving After Suspension (DAS) and Driving After Revocation (DAR). Cases involving accidents are generally not eligible.
Participants may receive a provisional license reinstatement while completing the program. Requirements typically include paying outstanding fines (on a payment plan if needed), a driving test, and possibly classes or community service.
This program involves a structured meeting between the defendant and a group of community members to discuss the harm caused and create a restitution agreement. The agreement typically includes an apology letter, community service hours, and other accountability measures.
Designed for first- and second-time juvenile offenders between ages 13 and 18. The program uses structured activities to provide an alternative to court involvement while building leadership and decision-making skills. (Northern Star Council)
Diversion programs are not passive. Participants are expected to meet defined obligations within a set timeframe. Common requirements across program types include:
The specific requirements depend on the program and the nature of the offense.
If you do not successfully complete a diversion program, prosecution resumes from where it was paused. Any admissions or guilty pleas entered as a condition of the program may be used as evidence against you. This is a significant risk that should be discussed with your attorney before agreeing to participate.
Failure scenarios include missing program milestones, not completing required hours, re-arrest, or violating program conditions.
Not all Minnesota counties offer diversion. Under Minnesota Statute ยง401.065, every county attorney participating in the Community Corrections Act was required to establish a pretrial diversion program for adult offenders by July 1, 1994. However, some counties remain non-compliant, and city attorneys (who handle non-felony offenses) are not universally required to maintain a program.
It is also possible that a county has a diversion program for felony-level offenses but not for misdemeanors, or vice versa.
In counties without a formal program, a defense attorney can negotiate a private diversion agreement directly with the prosecutor. This is a customized arrangement that achieves the same outcome as a formal program: dismissed charges upon completion, without relying on a county-administered structure.
Completion of diversion does not automatically clear your record, but it may make you eligible for expungement.
The outcome depends on which type of diversion you completed:
However, Minnesota law allows defendants whose cases were dismissed following diversion to petition for expungement. Under this process:
For more detail on this process, see: How Does Expungement Work in Minnesota?
For most eligible defendants, diversion is preferable to conviction, but it is not without risk or obligation.
Key considerations:
The decision depends on the strength of the case against you, the specific program requirements, and your personal circumstances. A defense attorney can help you evaluate the trade-offs.
Bruno Law has experience negotiating pretrial diversion programs for clients in Minnesota, including in cases involving offenses that are typically ineligible. If you believe you may qualify, or want to understand your options before entering any plea, contact us for a confidential consultation.
No. Diversion is initiated by the prosecutor or offered through the court. Your defense attorney can advocate for your eligibility and negotiate on your behalf.
For pretrial diversion, the underlying arrest and charges are public record even after dismissal. Expungement is the mechanism to seal that record.
Some programs, including Shoplifting or Theft Diversion, extend to felony-level offenses in certain counties. Eligibility must be evaluated case by case.
A defense attorney can negotiate a private diversion agreement with the prosecutor to achieve the same result.
Generally yes, though some programs require a conditional guilty plea. Do not plead guilty before consulting an attorney.