What is diversion?

Someone said that I could get it for a shoplifting charge so that I wouldn’t have a record.

Asked on October 22, 2017 under Criminal Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Most states have recognize that low-level offenses committed by first-time offenders, should be treated differently than normal criminal cases. Such offenders are not best served going through the regular court process. Basically, the way pretrial diversion works that the accused goes to court and pleads guilty to the charge. The court then sentences the offender to educational courses, restitution and probation. If they successfully complete the terms of their probation and stay out of trouble during that time, then their plea is withdrawn and thee case is dismissed. Therefore, the offense will be permanantly removed from their legal record as though the arrest never occurred.

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