Diversion – What is it and am I eligible?

To be eligible for diversion, you must:

  • Have never previously received diversion for a crime in Tennessee (Similar programs from other states will not disqualify you)
  • Have no prior felony convictions
  • Have never done jail time as part of a sentence (Arrest to making bond does not count as serving jail time)
  • The offense for which you’ve been charged must be appropriate for the type of diversion being requested. In other words, pre-trial diversion cannot be used for a felony charge. Either pre-trial or judicial diversion can be used in Tennessee on a misdemeanor crime.

Diversion requires obtaining a certificate of eligibility prior to attending court. If traveling from out of state, it is very important you speak with a Tennessee criminal attorney prior to your court date to avoid unnecessary court appearances.

Two Types of Diversion in Tennessee

There are two types of diversion in Tennessee, Pre-trial and Judicial Diversion. Although Pre-Trial Diversion is more favorable, the prosecutor holds the discretion in each judicial district as to whether to offer pre-trial, or judicial diversion. Many Tennessee counties will only offer Judicial Diversion.

Judicial Diversion requires that you plead guilty. Although you plead guilty, the court does not accept your plea. Your case remains in a pending status until the end of the agreed upon probation period. Provided you complete probation successfully, the court ultimately will reject your plea and dismiss your case, making it then eligible to be expunged from your record. Failing to complete probation successfully can result in your diversion status being revoked and the court accepting your plea – finding you guilty and the charge becoming a conviction. The judge could then determine the manner of your sentence which could include jail time.

Judicial Diversion is routinely offered for eligible cases in Davidson (Nashville, TN), Cheatham (Ashland City, TN), Coffee (Manchester, TN), Cumberland (Crossville, TN) Dickson (Dickson, TN), Giles (Pulaski, TN), Loudon County (Lenoir City, TN), Maury (Columbia, TN), Robertson (Springfield, TN), Rutherford (Murfreesboro, TN), Sumner (Gallatin, TN), White (Sparta, TN), and Williamson (Franklin, TN) counties.

Pre-Trial Diversion is similar as judicial diversion with one big distinction – you are not required to plead guilty. You enter into an agreement called a Memorandum of Understanding with the State of Tennessee, and agree to comply with specific conditions. Provided you successfully complete the agreed upon tasks, your case is not prosecuted and will ultimately be dismissed.

Pre-Trial Diversion is frequently offered in Putnam (Cookeville, TN), Montgomery (Clarksville, TN), Smith (Carthage, TN) Wilson (Lebanon, TN) counties. Pre-trial diversion is not available for felony crimes in Tennessee, rather only judicial diversion.

Am I guaranteed to receive diversion if I am eligible?
It is not guaranteed, however ultimately a prosecutor must provide a legally sufficient reason for it’s denial.

If you have questions about a criminal charge you are facing in Tennessee, or questions about diversion, call our office today at 931-303-0421.