What a diversionary program is
A diversionary program is a way to resolve a criminal case without a conviction. Instead of pleading guilty or going to trial, an eligible person applies to the court, and if the judge grants it, completes a set of conditions, classes, community service, treatment, or a period of supervision. If they finish and stay out of trouble, the charge is dismissed.
Most of these programs can be used only once, and the victim, the prosecutor, and the judge all have a say. Getting into one is often the whole goal of a first-offense case.
Accelerated Rehabilitation
Accelerated Rehabilitation, or AR, is the general program for first-time defendants, available for many misdemeanors and lower felonies but not the most serious ones. You apply, the judge sets a period of probation-like supervision with conditions, and the charge is dismissed on completion. It can be used once in a lifetime, and the victim has a right to be heard.
AR is the fallback when a charge does not have its own dedicated program. It is the usual route for assault and for larceny and shoplifting.
The alcohol program for DUI
The Pretrial Alcohol Education Program is written for a first DUI. You attend alcohol education classes or treatment after an evaluation, and the charge is dismissed on completion. It does not undo the separate DMV license suspension. The DUI charge page explains it and the eligibility rules in detail.
The drug program
The Drug Education and Community Service Program is for possession and paraphernalia charges, combining education sessions or community service with dismissal on completion, and it can sometimes be used more than once. For cases driven by dependency, a court can also suspend prosecution for treatment. The drug possession charge page covers both.
The family violence program
The Family Violence Education Program is for people arrested on a family violence charge. It is a set of classes rather than supervision, and the charge is dismissed on completion. Eligibility is limited by prior use and by the seriousness of the charge. The domestic violence charge page explains it.
Other programs
There is a supervised diversionary program for people with psychiatric disabilities, including co-occurring substance use disorders, and a few narrower programs for specific situations. A defense attorney can tell you whether one of these fits a case that does not qualify for the more common programs.
How to get into one
You do not get a program automatically; someone has to apply, usually your attorney, at an early court date, and the judge decides. Eligibility turns on the exact charge, your prior record, whether you have used a program before, and sometimes the victim's position.
Because the programs are limited and often one-time, which one to use and when to apply is a real strategic decision, not a form to fill out. This is one of the first things to talk through with a defense attorney.
The application is usually made at one of the early court dates, explained on the arraignment page, and the dismissal a completed program produces is erasable, which the record erasure page covers. The what to expect page shows where that sits in the whole case. Which court hears the application depends on the town of arrest, listed on the court pages.