Diversion Programs in Minnesota: How They Can Help You Avoid Jail Time

TL;DR

• Eligible participants are typically first-time or minimal offenders charged with low-level, nonviolent crimes.
• Successfully completing diversion results in dropped charges, and may allow you to later seek expungement.
• If you fail to complete a diversion program, prosecution resumes and any admissions you made may be used against you.
• Not all Minnesota counties offer diversion. Where none exists, a defense attorney can negotiate a private diversion agreement with the prosecutor.
• Consult a defense attorney before pleading guilty as a guilty plea can disqualify you from diversion.

What Is a Diversion Program in Minnesota?

Minnesota diversion programs allow people accused of crimes to avoid formal conviction by completing a structured alternative program (such as counseling, community service, or educational courses) in exchange for having their charges dropped or not filed.

Diversion serves two purposes: it gives eligible defendants a path away from the collateral consequences of a criminal record, and it reduces the burden on Minnesota's court system by resolving lower-level cases outside of traditional prosecution.

There are two types:

Pretrial diversion is the more common of the two. In a precharge program, the prosecution contacts the alleged offender directly. If the state reaches out to you about participation, consult a defense attorney before responding.

Who Is Eligible for Diversion in Minnesota?

Most diversion programs in Minnesota are limited to first-time or minimal offenders charged with low-level, nonviolent crimes. Eligibility varies by county and by the type of offense. Prior participation in a diversion program typically disqualifies a defendant.

General eligibility criteria:

• First-time or minimal prior offender
• Charged with a misdemeanor, gross misdemeanor, or in some cases a nonviolent felony
• No prior diversion program participation
• Willingness to comply with program requirements

Eligibility is not automatic. The county attorney and the court have discretion to approve or deny participation depending on the specific facts of the case and the county's program structure.

Do not plead guilty before speaking with an attorney. Once you enter a guilty plea in court, you may lose eligibility for diversion. Some programs do require a guilty plea or admissions held in escrow, but this should only happen with legal counsel guiding the process.

What Are the Diversion Programs Available in Minnesota?

Minnesota offers several diversion programs based on the type of offense charged. The programs listed below are among the most common; availability depends on the county.

Shoplifting or Theft Diversion Program

For defendants accused of shoplifting or low-level theft at the misdemeanor, gross misdemeanor, or sometimes felony level. Participants typically complete classroom instruction, write an apology letter to the victim, perform community service, and pay restitution.

Traffic Education Diversion Program

For drivers who received a moving violation. The program generally involves an online or in-person driving course covering traffic laws and safe driving habits. A written test may be required.

Driving Diversion Program

For drivers whose license has been suspended or revoked due to unpaid citations or fines. Eligible offenses include Driving After Suspension (DAS) and Driving After Revocation (DAR). Cases involving accidents are generally not eligible.

Participants may receive a provisional license reinstatement while completing the program. Requirements typically include paying outstanding fines (on a payment plan if needed), a driving test, and possibly classes or community service.

Community Restorative Justice Diversion Program

This program involves a structured meeting between the defendant and a group of community members to discuss the harm caused and create a restitution agreement. The agreement typically includes an apology letter, community service hours, and other accountability measures.

Northern Star Juvenile Diversion Program

Designed for first- and second-time juvenile offenders between ages 13 and 18. The program uses structured activities to provide an alternative to court involvement while building leadership and decision-making skills. (Northern Star Council)

What Happens During a Diversion Program?

Diversion programs are not passive. Participants are expected to meet defined obligations within a set timeframe. Common requirements across program types include:

• Personal or group counseling
• Drug or alcohol rehabilitation
• Community service hours
• Educational classes or coursework
• Restitution payments to victims
• Apology letters

The specific requirements depend on the program and the nature of the offense.

What Happens If You Fail to Complete a Diversion Program?

If you do not successfully complete a diversion program, prosecution resumes from where it was paused. Any admissions or guilty pleas entered as a condition of the program may be used as evidence against you. This is a significant risk that should be discussed with your attorney before agreeing to participate.

Failure scenarios include missing program milestones, not completing required hours, re-arrest, or violating program conditions.

What If There Is No Diversion Program in Your County?

Not all Minnesota counties offer diversion. Under Minnesota Statute §401.065, every county attorney participating in the Community Corrections Act was required to establish a pretrial diversion program for adult offenders by July 1, 1994. However, some counties remain non-compliant, and city attorneys (who handle non-felony offenses) are not universally required to maintain a program.

It is also possible that a county has a diversion program for felony-level offenses but not for misdemeanors, or vice versa.

In counties without a formal program, a defense attorney can negotiate a private diversion agreement directly with the prosecutor. This is a customized arrangement that achieves the same outcome as a formal program: dismissed charges upon completion, without relying on a county-administered structure.

Does Completing Diversion Clear Your Record?

Completion of diversion does not automatically clear your record, but it may make you eligible for expungement.

The outcome depends on which type of diversion you completed:

• Precharge diversion (completed before charges are filed): Nothing enters the public legal system. No arrest, charge, or court record is created.
• Pretrial diversion (completed after charges are filed): The arrest, charges, and court proceedings are public record even after dismissal. This information will appear in background checks.

However, Minnesota law allows defendants whose cases were dismissed following diversion to petition for expungement. Under this process:

• The defendant must wait one year from the date of dismissal
• The defendant must have no new charges in that year
• If expungement is granted, the public record is sealed

For more detail on this process, see: How Does Expungement Work in Minnesota?

Should You Participate in a Diversion Program?

For most eligible defendants, diversion is preferable to conviction, but it is not without risk or obligation.

Key considerations:

• Diversion avoids a formal conviction and its collateral consequences (employment, housing, licensing).
• Successful completion makes you eligible for expungement, which can seal the record.
• Failure to complete the program resumes prosecution and may introduce evidence against you.
• Some programs require admissions or a guilty plea held in escrow. Understand the terms before agreeing.

The decision depends on the strength of the case against you, the specific program requirements, and your personal circumstances. A defense attorney can help you evaluate the trade-offs.

Work with a Minnesota Diversion Attorney

Bruno Law has experience negotiating pretrial diversion programs for clients in Minnesota, including in cases involving offenses that are typically ineligible. If you believe you may qualify, or want to understand your options before entering any plea, contact us for a confidential consultation.

Contact Bruno Law

Frequently Asked Questions

Can I apply for diversion myself?

No. Diversion is initiated by the prosecutor or offered through the court. Your defense attorney can advocate for your eligibility and negotiate on your behalf.

Does diversion appear on a background check?

For pretrial diversion, the underlying arrest and charges are public record even after dismissal. Expungement is the mechanism to seal that record.

Can I get diversion for a felony charge?

Some programs, including Shoplifting or Theft Diversion, extend to felony-level offenses in certain counties. Eligibility must be evaluated case by case.

What if I'm charged in a county with no diversion program?

A defense attorney can negotiate a private diversion agreement with the prosecutor to achieve the same result.

Does pleading guilty disqualify me from diversion?

Generally yes, though some programs require a conditional guilty plea. Do not plead guilty before consulting an attorney.