Diversion Programs in Arizona: Resolving a Charge Without a Conviction

How it works

Diversion suspends the prosecution while you complete program requirements set by the prosecutor’s office. Finish, and the State dismisses the charge. Fail — miss sessions, fail tests, pick up a new charge — and the prosecution resumes where it left off, usually with your program admissions in the file. That trade is why entering diversion should be a considered decision, not a reflex.

The main programs around Maricopa County

• Drug diversion (TASC) — the County Attorney’s substance-abuse program for possession cases: education or treatment plus testing, typically several months to a year
• Felony pretrial intervention — the County Attorney’s broader program for eligible first-time, non-violent felonies
• City court misdemeanor diversion — Phoenix and other municipal prosecutors run programs for offenses like theft, disorderly conduct, and some assault charges
• Specialty courts — veterans court and mental health court resolve eligible cases through treatment tracks

Who gets in — and who argues you in

Eligibility generally favors first offenses and excludes dangerous offenses and most DV charges, but the lists are guidelines, not walls — prosecutors have discretion, and a defense attorney’s job is often to present the mitigation that moves a borderline case into the program. Program fees are real but modest next to a conviction. Drug cases have the strongest lane: see the first-offense drug possession guide, and the wider picture on the criminal defense page.