- All:can avoid conviction.
- No plea:diversion, CFD.
- Plea:stay of adjudication.
- Pick:based on the case.
All three of these Minnesota dispositions can end a case without a conviction — but they differ in whether you have to plead guilty, how the case is held open, and when it gets dismissed. They're among the most favorable outcomes available short of an outright dismissal or acquittal, and the distinctions matter — especially for non-citizens, for whom a guilty plea can carry immigration risk even when the state case is dismissed. Here's how they compare.
Pretrial Diversion
Pretrial diversion typically happens before any guilty plea. The prosecution is paused while you complete a program (conditions like staying law-abiding, programming, restitution). Complete it and the charge is dismissed — often without you ever entering a plea. Because it can avoid a plea entirely, it's frequently the cleanest option.
Continuance for Dismissal
A continuance for dismissal holds the case open for a set period on the condition that you stay out of trouble (and meet any other terms). If you comply, the case is dismissed. Like diversion, it generally doesn't require a guilty plea — the case is simply continued and then dropped. The exact structure and conditions vary by county and prosecutor.
Stay of Adjudication
A stay of adjudication usually requires a guilty plea up front, which the court then holds in suspension while you're on probation. Complete probation and the charge is dismissed with no conviction entered. The key difference from the other two: it involves entering a guilty plea, even though no conviction results if you succeed.
The Core Difference: Do You Plead Guilty?
- Diversion: Usually no guilty plea. Dismissed on completion.
- Continuance for dismissal: Usually no guilty plea. Dismissed on completion.
- Stay of adjudication: Guilty plea required, held in suspension. Dismissed on completion, no conviction entered.
All three avoid a conviction if completed. The difference is whether a guilty plea is entered along the way — which matters a great deal in certain situations.
Why the Plea Distinction Matters for Non-Citizens
For non-citizens, this is critical. Immigration authorities may treat a guilty plea as a conviction for immigration purposes even when Minnesota dismisses the case. That makes the no-plea options (diversion, continuance for dismissal) potentially safer than a stay of adjudication for immigration — but every situation is different, and you should get immigration-specific advice before agreeing to any disposition.
Which Is Available?
Availability depends on the offense, your history, the county's programs, and the prosecutor. None of these is guaranteed, and which is realistic — and best — for your case is something to evaluate with a lawyer who knows the local practice.
Updated May 18, 2026 · Law verified as of June 7, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
Do all three avoid a conviction?
Yes, if you complete the conditions. The difference is the path: diversion and continuance for dismissal usually involve no guilty plea, while a stay of adjudication requires a guilty plea that's held in suspension.
Which is best if I'm not a U.S. citizen?
Often the no-plea options (diversion or continuance for dismissal), because a guilty plea can count as a conviction for immigration even when the state dismisses the case. But it depends on the specifics — get immigration-specific advice first.
What's the difference between diversion and a continuance for dismissal?
They're similar — both hold the case open and dismiss it on compliance, usually without a guilty plea. The structure, conditions, and program involvement vary by county and prosecutor.
Are these available in every case?
No. Availability depends on the offense, your history, the county's programs, and the prosecutor's agreement. A lawyer familiar with local practice can tell you what's realistic.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.