Pretrial Diversion Programs in Texas — Avoiding a Criminal Record Through Treatment
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
How pretrial diversion works in Texas
Pretrial diversion is district attorney discretion — there is no statewide statutory framework. Each Texas DA office establishes its own programs. Common features:
- Voluntary participation. Defendant agreement required
- Specific conditions. Treatment, classes, community service, restitution, no new offenses
- Duration. Typically 6-24 months
- Successful completion outcome. Case dismissed; sometimes expunction-eligible
- Failure outcome. Standard prosecution resumes
- No conviction during program. Charges held in abeyance pending completion
- Sometimes requires admission of facts. Stipulation that can be used if program fails
Common Texas county diversion programs
| County | Programs Available |
|---|---|
| Harris | Misdemeanor marijuana diversion, mental health diversion, family violence diversion, multiple specialty programs |
| Dallas | Misdemeanor diversion, drug diversion, mental health diversion, first offender programs |
| Tarrant | Drug diversion, mental health diversion, theft diversion |
| Collin | First offender diversion, drug diversion (Class B/A marijuana, low-tier possession), DWI education programs |
| Denton | Pretrial intervention, drug diversion, theft diversion |
| Bexar | Multiple specialty diversion programs including veterans, mental health, drug |
| Travis | Misdemeanor marijuana diversion, mental health diversion, family violence diversion |
Typical eligibility criteria
Common diversion eligibility factors:
- First-time offender status. No prior felonies; often no prior misdemeanors
- Non-violent offense. Property crimes, drug possession, DWI sometimes; rarely violent crimes
- Specific offense types. Many programs are offense-specific (drug diversion, theft diversion, etc.)
- Texas residency. Some programs require county or state residency
- Age or status requirements. Some programs target young adults, students, military
- Willingness to comply. Defendant must voluntarily agree
- Ability to pay program fees. Most programs charge participant fees
- Insurance or financial capacity for treatment. When treatment is required
Typical requirements during diversion
- Treatment. Substance use disorder, mental health, anger management depending on offense
- Classes. DWI education, theft awareness, drug education
- Community service. Hours specified by program
- Restitution. When victim losses involved
- Random drug testing. Particularly for drug-related diversions
- Program fees. Monthly supervision fees, treatment fees, court costs
- No new offenses. Any new arrest can trigger removal from program
- Regular reporting. To diversion officer or program staff
- Geographic restrictions. Sometimes required to remain in county
After diversion — record consequences
Successful diversion completion typically results in:
- Case dismissal. Charges dismissed by prosecution motion
- Expunction eligibility. Many diversions become expunction-eligible under Texas Code of Criminal Procedure Chapter 55 — removing records entirely
- No conviction record. Background checks should not show conviction
- Reportability nuances. Some employment applications ask about arrests or pending cases — even diverted arrests may need disclosure depending on specific question
- Federal immigration implications. Diverted cases may still affect immigration status (federal "conviction" definition is broader than state)
Failed diversion outcomes:
- Return to standard prosecution
- Time and money invested in diversion lost
- Some stipulated facts may be usable against defendant
- Difficult to re-enter diversion in same case
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
What is pretrial diversion in Texas?
A district attorney program allowing defendants to complete specific conditions (treatment, community service, etc.) in exchange for dismissal of charges. Successful completion avoids a conviction record entirely.
Who qualifies for pretrial diversion in Texas?
Typically first-time offenders with non-violent charges. Specifics vary by county and program — drug diversion, mental health diversion, theft diversion, and other specialty programs each have distinct eligibility.
Does pretrial diversion go on my record?
The arrest record exists. Successful completion typically results in case dismissal and often expunction eligibility — which removes the record entirely. Failed diversion produces a conviction record from the underlying charge.
How long is Texas pretrial diversion?
6-24 months typically. Specific duration varies by program and offense level. Treatment-focused programs often run longer than basic diversion.
Can pretrial diversion be expunged in Texas?
Often yes — Texas Code of Criminal Procedure Chapter 55 allows expunction when cases are dismissed. Successful diversion completion typically meets the criteria for expunction petition.
