Indiana Pre-Trial Diversion Programs: What Defendants Need to Know

Facing criminal charges in Indiana is overwhelming. But for eligible defendants, a conviction isn’t the only possible outcome. Pre-trial diversion programs offer a legitimate path to resolving criminal charges without a permanent record—if you qualify and follow through.

This post breaks down how Indiana’s diversion programs work, who qualifies, what to expect during the process, and what happens to your record when it’s over.

What Are Pre-Trial Diversion Programs?

A pre-trial diversion program is an agreement between a criminal defendant and the prosecuting attorney. Instead of proceeding through traditional court, the defendant agrees to complete a set of conditions—such as counseling, community service, or restitution—over a designated period. When those conditions are met, the prosecutor dismisses the charges.

Authorized under Indiana Code § 33-39-1-8, diversion programs are designed to hold defendants accountable while giving them a second chance—without the lasting consequences of a criminal conviction.

How Diversion Differs from Traditional Prosecution

In a standard criminal case, a defendant faces trial, a potential conviction, and the full weight of sentencing. Diversion sidesteps that process entirely. There’s no guilty verdict. No probation tied to a conviction. And when completed successfully, the charges disappear.

That said, diversion is not a free pass. It requires consistent effort, compliance, and accountability throughout the program period.

Benefits of Pre-Trial Diversion

For those who qualify, the advantages are significant:

No criminal conviction — Successful completion results in dismissed charges, not a guilty finding
Reduced court involvement — Defendants avoid the full trial process and its associated stress
Lower overall costs — While diversion programs carry their own fees, they typically cost less than extended litigation or incarceration
Access to rehabilitation — Many programs include counseling, education, or treatment that addresses the root causes of the offense
Preserved opportunities — Without a conviction on record, defendants can more honestly answer questions about criminal history on job applications, housing forms, and professional licensing paperwork

Types of Pre-Trial Diversion Programs in Indiana

Indiana operates several types of diversion programs, both through the prosecutor’s office and through the court system’s network of specialty courts.

Standard Pretrial Diversion

Most Indiana counties offer basic diversion programs for misdemeanor offenses and, in some cases, Level 5 or Level 6 felonies. These are agreements made directly with the prosecutor’s office and typically run from six months to one year for misdemeanors, and up to several years for felony-level charges.

Drug Courts

Drug courts serve defendants whose criminal charges are directly tied to substance use disorders. These are judicially supervised programs that include treatment participation, regular drug testing, and court check-ins. Successful completion can result in charge dismissal, and participants gain access to structured recovery resources.

Mental Health Courts

Mental health diversion programs are designed for defendants where a diagnosed mental health condition contributed to the alleged offense. Participation requires a clinical assessment confirming program appropriateness, and conditions typically include treatment compliance and regular court appearances.

Veterans Treatment Courts

Indiana has made significant investments in veterans courts. As of 2024, 31 Veterans Treatment Courts were either actively operating or in the planning stage across Indiana, including in Marion County. These courts serve active-duty service members and veterans whose criminal charges are linked to service-connected conditions such as PTSD or traumatic brain injury (TBI).

Eligible veterans may have their prosecution deferred pending program completion, after which charges are typically dismissed. The Department of Veterans Affairs often coordinates treatment services through the Veterans Justice Outreach (VJO) program.

Eligibility Requirements for Indiana Diversion Programs

Not every defendant qualifies. Eligibility is determined on a case-by-case basis at the sole discretion of the prosecuting attorney, and each county applies its own guidelines.

Charge Type and Severity

Diversion is most commonly available for:

Misdemeanor offenses
Level 5 and Level 6 felonies (in some counties)

Diversion is not permitted for defendants charged with Murder or Level 1, 2, 3, or 4 felonies. OWI offenses, CDL holders, and certain driving violations are also excluded under Indiana law.

Prior Criminal History

Prosecutors weigh an applicant’s criminal background heavily. First-time or low-level offenders stand the best chance of qualifying. A history of prior diversions or convictions can disqualify a defendant entirely.

Other Factors Considered

When evaluating a diversion application, prosecutors typically examine:

The nature and severity of the offense
Whether the defendant is likely to benefit from and cooperate with the program
The impact of diversion on the victim and community
Whether restitution is appropriate
Any mitigating or aggravating circumstances

Is your case eligible for diversion? Attorney David E. Lewis in Indianapolis, Indiana can review your charges and help you explore your options. Schedule a free case review today.

The Pre-Trial Diversion Process in Indiana

Initial Screening and Application

The process typically begins when a prosecutor, defense attorney, or judge identifies a case as potentially eligible. The defendant’s criminal history is reviewed, and in specialty court cases, a substance use or mental health evaluation may be required.

Program Conditions

Conditions vary depending on the charge, the county, and the defendant’s specific circumstances. Common requirements include:

Community service hours
Substance abuse or mental health counseling
Anger management courses
Payment of restitution, court costs, and program fees
Regular reporting to the prosecutor or supervising officer
Maintaining employment or enrollment in school
Refraining from new criminal charges

Timeline

The length of a diversion depends on the charge type. Under Madison County’s guidelines, standard durations are:

Level 5 felony: 1–6 years
Level 6 felony: 6 months–2.5 years
Class A misdemeanor: 1 year
Class B or C misdemeanor: 6 months

Successful vs. Unsuccessful Completion

Complete all conditions, and the charges are dismissed. Fail to meet the requirements, and the case is “re-docketed”—meaning it proceeds through the criminal court system as though diversion was never offered, and the defendant faces the original charges and potential penalties.

Common Misconceptions About Diversion Programs

Myth: Diversion means charges are dropped immediately

Not true. Charges remain pending until all conditions are satisfied. The dismissal happens at the end of the program—not at the beginning.

Myth: Anyone can qualify for diversion

Diversion is not a guaranteed option. It requires prosecutorial approval, a qualifying charge type, and a clean enough criminal history to make the case for eligibility. Many defendants do not qualify.

Myth: Diversion programs are easy alternatives to trial

Diversion programs demand real commitment. Missing counseling sessions, failing drug tests, or picking up new charges during the program can result in termination—and a return to standard prosecution.

Frequently Asked Questions

Will a diversion program appear on my criminal record?

Completing a diversion program results in dismissed charges, not a conviction. Background checks may still show that charges were filed and later dismissed, but you can truthfully state that you were not convicted of a criminal offense.

What happens if I fail to complete the program?

If you fail to meet the program’s conditions, your case is re-docketed and proceeds through the criminal court system. You will face the original charges as if the diversion agreement never existed.

Can I have my record sealed after completing a diversion?

In some Indiana counties, records are automatically sealed upon dismissal. In others, you may need to petition for expungement under Indiana Code § 35-38-9-1 after the charges are dismissed. An attorney can help you pursue sealing or expungement once your program is complete.

What is the difference between diversion and deferral?

A diversion is an agreement with the prosecutor’s office. A deferral is an agreement with the court and typically requires a guilty plea, with judgment withheld pending program completion. Deferrals are often used when diversion is legally prohibited—such as in OWI cases.

Your Next Step: Talk to a Defense Attorney

Indiana’s pre-trial diversion programs offer a meaningful opportunity to resolve criminal charges without the lasting harm of a conviction. But qualifying, negotiating favorable conditions, and successfully completing the program all require careful navigation—and the stakes are high if something goes wrong.

Attorney David E. Lewis in Indianapolis, Indiana represents criminal defendants throughout the state. Our team can help you determine whether you qualify for diversion, what conditions to expect, and how to protect your future throughout the process.

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