Can I Qualify for a Texas Pretrial Diversion Program?

 Posted on March 13, 2025 in Criminal Defense

Pretrial diversion programs in Texas offer people facing criminal charges an opportunity to avoid a conviction and clear their record. This option is not granted to anyone being charged; it mainly helps first-time offenders or those charged with less serious crimes. Successfully completing the program can lead to your case being dismissed and even expunged in some cases. A knowledgeable Texas criminal defense lawyer with an understanding of diversion program eligibility requirements can help improve your chances of acceptance.

What Is a Pretrial Diversion Program?

Pretrial diversion programs are an alternative to traditional prosecution. Instead of going through a criminal trial, eligible defendants can be given specific conditions to meet during a supervision period. These conditions can include:

• Attending counseling or rehabilitation programs

• Performing community service

• Paying restitution to victims

• Submitting to drug testing

• Attending educational programs or life skills classes

Upon successful completion of the program, the charges are dismissed. In some cases, the arrest record may also be eligible for expungement, meaning it can be erased from public records.

Who Qualifies for a Pretrial Diversion Program in Texas?

While eligibility for pretrial diversion programs can vary by jurisdiction, some common eligibility criteria include:

First-Time Offenders

Pretrial diversion is generally reserved for those who have no prior criminal record.

Non-Violent Offenses

While the types of qualifying offenses vary by county, common eligible crimes include theft, shoplifting, drug possession in small amounts, and certain alcohol-related offenses. These are actions that may be illegal but do not involve the defendant physically hurting someone.

Willing to Accept Responsibility

Candidates generally need to confess to the crime they are accused of. Admitting guilt or acknowledging your role in the offense is often a condition of participation.

How Can a Criminal Defense Lawyer Help?

Having a skilled Texas criminal defense lawyer represent you can significantly improve your chances of entering and successfully completing a pretrial diversion program. By assessing your eligibility, advocating for admission, negotiating the terms of the program, and ensuring your compliance, a lawyer will make sure you do what you are supposed to do to keep yourself out of prison.

Once you have completed the program, a lawyer can guide you through the process of seeking expungement so that the arrest is removed from your record.

Schedule a Free Consultation with an Austin, TX Criminal Defense Lawyer

Texas’s pretrial diversion programs give eligible people a chance to avoid a conviction and move forward with a clean slate. However, navigating the application process and fulfilling program requirements can be challenging. An experienced Midland, TX criminal defense attorney can help you improve your chances of securing a second chance. Call Morales Law Office, Attorneys at Law, PLLC. at 512-474-2222 to schedule a free consultation today.