What Is Diversion in Arizona?

Diversion in Arizona is a program that lets some people charged with a crime avoid a conviction by completing certain conditions, like classes, counseling, community service or drug testing. If you finish the program, the prosecutor dismisses the charge. If you don't, the case goes back to court as if diversion never happened.

In the right case it's one of the best outcomes available, and it's also one people miss because they don't know to ask.

How Diversion in Arizona Works

Diversion is offered by the prosecutor, not the judge. In most cases, things happen in this order:

1. You're charged with an offense that may qualify.
2. The prosecutor decides whether to offer diversion, often after your attorney asks.
3. You agree to the program terms, which can run several months to a year or more.
4. You complete every requirement on time.
5. The charge is dismissed.

Each prosecuting office runs its own programs. The Maricopa County Attorney's Office has felony diversion options, and many city prosecutors in Phoenix, Mesa, Glendale and other cities run misdemeanor programs for things like shoplifting, minor drug possession or some first-time domestic violence charges.

Who Usually Qualifies

There's no single rule, but prosecutors tend to offer diversion when:

• It's a first offense or the person has very little record.
• The charge is nonviolent or lower-level.
• No one suffered a serious injury.
• The person is willing to address what led to the arrest, like substance use.

Some charges are off the table. DUI cases in Arizona are not eligible for diversion, and many serious violent or dangerous offenses are excluded too. A prosecutor can also decline to offer diversion even when you technically qualify.

What Diversion Is Not

Diversion is different from a plea deal. With a plea, you admit guilt to something and end up with a conviction, even if it's a lesser one. We explain that process in what is a plea agreement in Arizona. With diversion, the goal is no conviction at all.

That said, some programs ask you to sign a statement of facts at the start. If you don't finish the program, that statement can be used against you. That's one reason to talk with a lawyer before you sign anything.

Finishing diversion also doesn't erase the arrest. The arrest record still exists. Arizona now allows many dismissed cases to be sealed, and our record sealing page explains how that works.

An Example From Our Practice

A college student came to us after being cited for possessing a small amount of a controlled substance. He was afraid it would end his plans for a healthcare career, and he'd never been in trouble before.

We contacted the prosecutor early, gathered proof of his enrollment and a clean drug screen, and asked for diversion. The offer came through, he completed the program, and the charge was dismissed. Details have been changed to protect his privacy. Every case is different, and past results do not guarantee future outcomes. But his case shows why asking early matters.

When Diversion May Not Be Your Best Option

Diversion isn't free of downsides. Programs come with program fees, regular check-ins and strict deadlines, and missing a single class can get you removed. If the state's case against you is weak, fighting the charge or pushing for a dismissal may be a better path than signing up for months of requirements. Non-citizens should also get advice first, because immigration law can treat some programs differently than state law does.

A good criminal defense attorney looks at the evidence first, then decides whether diversion, a motion to dismiss or trial makes the most sense. For drug charges specifically, our drug crimes page covers how those cases are handled.

Ask a Lawyer About Diversion in Arizona

If you've been charged and want to know whether diversion in Arizona is an option for you, call us before your first court date. We offer free consultations, transparent flat fees and payment plans, and a real attorney answers 24/7. Hablamos español, and we can visit you in jail if needed. Call 623-335-4014 or visit our homepage.

This article is for general information only and is not legal advice. Every case turns on its specific facts. Speak with a licensed Arizona attorney about your situation.