Am I Eligible for Pre-Trial Diversion in Indiana?

Written by
Sean Hessler

Posted
16 May 2025

You could feel overwhelmed when you’re facing criminal charges in Indiana, especially if it’s your first run-in with the legal system. Fortunately, you may qualify for a way to keep your record clean, avoid time behind bars, and move into the future without a conviction: pre-trial diversion.

Pre-trial diversion is not available in every case, but it’s a valuable opportunity for anyone who qualifies. Find out if you’re eligible. You should speak to an Indianapolis criminal defense lawyer who understands how these programs work across Indiana’s counties, and what it takes to meet the requirements.

What Is Pre-Trial Diversion in Indiana?

Pre-trial diversion is a legal alternative that allows certain defendants to avoid a traditional criminal trial. Instead of going through court proceedings, you agree to follow a set of conditions for a period of time. If you complete the program successfully, your charges are usually dismissed.

For many people, the biggest advantage of diversion is the chance to walk away without a conviction. That can protect your record, help you keep your job, and prevent future issues with things like housing or professional licensing.

Why Should I Seek Pre-Trial Diversion Over a Trial?

Pre-trial diversion is often a better option than taking your case to trial, especially if the evidence against you is strong. Trials can be lengthy, expensive, and risky. Diversion offers a way to resolve the case more quickly while keeping your future intact.

Who Is Eligible for Pre-Trial Diversion in Indiana?

Pre-trial diversion is not available to everyone. Indiana law gives local prosecutors the authority to decide who qualifies, but there are common eligibility requirements across the state.

In general, you may qualify for pre-trial diversion if:

You’ve never been convicted of a crime before (first-time offender)
Your current charge is a non-violent misdemeanor or a low-level felony (Level 5 or 6)
You’re not considered a threat to public safety
You’re willing to take responsibility and follow the terms of the program

That said, Indiana Code § 33-39-1-8 outlines several types of offenses that are excluded from diversion. You cannot participate in pre-trial diversion if you’ve been charged with:

Murder
A Level 1–4 felony
DUI/OWI offenses
Commercial driving violations
Certain motor vehicle-related crimes involving minors or suspended licenses

Even if your offense isn’t on the exclusion list, the prosecutor doesn’t have to offer diversion. Each county has its own policies. Prosecutors will consider the facts of your case, your background, and whether they believe you’re likely to follow through with the program.

What Happens If You Qualify for Pre-Trial Diversion?

If you’re accepted into a diversion program, you’ll sign a formal agreement with the prosecutor. This agreement outlines the rules you must follow during the diversion period, which usually lasts between six months and a year.

Program terms vary depending on the charge and the county but often include:

Completing community service
Paying court costs or restitution
Attending counseling or treatment programs
Staying out of legal trouble
Maintaining school enrollment or steady employment
Passing random drug or alcohol tests

Some programs may require you to regularly check in with a court officer or program supervisor. Once you complete all conditions and the time period ends, your charges are dismissed, and you avoid a conviction on your record.

What If You Don’t Complete the Diversion Program?

Failing to meet the terms of your diversion agreement has serious consequences. If you violate the rules—by missing appointments, getting arrested again, or failing drug tests—your agreement may be revoked.

When that happens, the original criminal charges come back. You’ll be prosecuted just like you were before the diversion started, and you’ll face the same potential penalties, including jail time and a permanent criminal record.

In some cases, your attorney may be able to negotiate a second chance or reduce the consequences of a violation, but this depends on the circumstances and the prosecutor’s discretion. That’s one of the reasons having a lawyer throughout the process is so important.

FAQs About Pre-Trial Diversion

How long does a pre-trial diversion program last in Indiana?

Most programs last 6 to 12 months, depending on the offense and county.

Will the charge stay on my record during the program?

Yes, the arrest and charge will still appear during the program. But if you complete it successfully, the case is dismissed, and you may be eligible to expunge the record later.

Can I get a pre-trial diversion more than once?

It’s rare. Most prosecutors only offer diversion to first-time offenders. If you’ve been through a program before, your chances of getting it again are extremely limited.

Do I need to plead guilty to enter the program?

Not always, but you may need to admit some responsibility to satisfy the prosecutor. You won’t have a conviction on your record if you complete the program, but this is still something to discuss with your attorney.

Get Legal Help Applying to Pre-Trial Diversion

Applying for pre-trial diversion is not something you should try to navigate alone. Every county handles these programs differently, and eligibility depends on more than just the charge. A Marion County criminal defense lawyer can review your case, advocate for your acceptance, and help negotiate the most reasonable terms possible.

Even more important, your defense attorney can help protect you throughout the process, making sure you understand what’s required and helping you stay on track so you can complete the program and walk away without a conviction.

If you’re facing charges and wondering whether pre-trial diversion is an option, don’t wait. A knowledgeable Indianapolis criminal defense lawyer can give you the answers you need and help you move forward with confidence.

Call Hessler Law for Help with Your Pre-Trial Diversion

Attorney Sean Hessler opened his criminal defense firm in Indianapolis when he realized there was a need for someone to fight for the rights of Indiana’s criminal justice system. He knew his experience would benefit defendants, and he’s ready to put his skills to use for you. Getting into a pre-trial diversion program isn’t a sure thing, but Attorney Hessler is ready to help you apply and fight for your freedoms.