What is a pretrial diversion agreement in Indiana?

If you’ve been arrested or charged with a misdemeanor or certain low-level felony offenses, you may be wondering whether there’s a way to avoid a criminal conviction. In many Indiana counties, a pretrial diversion agreement (sometimes called a diversion program) can provide that opportunity. While diversion is not available in every case, it can be a powerful option for eligible people who want to protect their record and move forward.

Pretrial diversion meaning: the basics

A pretrial diversion agreement in Indiana is typically an arrangement with the prosecutor where a criminal case is paused (and often later dismissed) if the accused completes specific requirements. A diversion can help people avoid the risk of a conviction, jail time, and the long-term consequences that can follow a criminal record.

Diversion is usually offered at the prosecutor’s discretion, and the terms vary by county and by the nature of the charge. Some programs are formal and standardized; others are negotiated case-by-case.

How a pretrial diversion agreement works in Indiana

Although details depend on the county, pretrial diversion generally follows this process:

Application or request: Your attorney asks the prosecutor to consider diversion (or you apply through a county program, if one exists).

Eligibility review: The prosecutor reviews your criminal history, the alleged offense, and case facts.

Agreement and conditions: If approved, you sign a written agreement outlining requirements and deadlines.

Compliance period: You complete the conditions over a set time period.

Case resolution: If you successfully complete everything, the prosecutor typically dismisses the charges. If you don’t, the case can be reactivated and prosecuted.

Common conditions in an Indiana diversion program

Pretrial diversion terms are designed to address the behavior that led to the charge and reduce the chance of reoffending. Common requirements include:

• Paying program fees, court costs, or restitution

• Completing community service

• Attending drug/alcohol education, counseling, or treatment

• Submitting to random drug screens

• Staying arrest-free during the diversion period

• Completing theft prevention, anger management, or other classes

The diversion period may be a few months to a year, depending on the charge and county policies.

Who qualifies for pretrial diversion in Indiana?

Eligibility depends on the prosecutor’s office and the offense. Diversion is often considered for:

• First-time offenders

• Certain misdemeanors (like minor theft or disorderly conduct)

• Some low-level felonies, depending on facts and history

• Cases where rehabilitation and accountability are more appropriate than conviction

However, diversion may be less likely for offenses involving serious bodily injury, significant prior criminal history, or certain violent crimes.

Is pretrial diversion the same as expungement?

Not exactly. Diversion is about resolving the case before trial, often leading to dismissal. Expungement is a separate process that may help seal or limit access to records. Even if charges are dismissed after diversion, you may still benefit from talking to a lawyer about whether and when you can pursue expungement under Indiana law.

Why a criminal defense attorney matters

A pretrial diversion agreement can be a second chance, but the details matter. Missing a deadline, misunderstanding a condition, or signing an agreement with unrealistic requirements can put you back on track for prosecution. A defense attorney can evaluate eligibility, negotiate better terms, and help you complete the program successfully.

If you’re facing charges and want to know whether pretrial diversion in Indiana is possible in your case, contact Brinkley Law today at 317-766-1379 to discuss your options and next steps.