Pretrial Diversion in Minnesota

What Pretrial Diversion Is

Under Minn. Stat. § 401.065 and Rule 27.05 of the Rules of Criminal Procedure, "pretrial diversion" is a prosecutor's decision to refer an offender to a diversion program on the condition that the charges will be dismissed after a set period — or not charged at all — if the person completes the program. The goals are explicit in the statute: to give eligible offenders an alternative to confinement and a criminal conviction, and to reduce caseload and cost in the courts.

Who Is Eligible

The statute defines an eligible "offender" fairly narrowly. Generally, you qualify if:

• you're charged with (or there's probable cause for) a felony, gross misdemeanor, or misdemeanor that is not a crime against the person, and you have not yet entered a plea;
• you have no prior adult conviction for a crime against the person (in Minnesota or any other state); and
• you have not previously participated in a Minnesota adult pretrial diversion program that resulted in dismissed or not-filed charges.

Crimes against the person are generally excluded, and prior history can disqualify you — so eligibility is fact-specific.

Which Counties Offer It

Counties participating in the Community Corrections Act are required to maintain an adult pretrial diversion program, but availability isn't uniform across the state — some counties or city attorneys may not have a formal program, or may have one for some offense levels and not others. Where there's no formal program, a defense attorney can sometimes negotiate a private diversion agreement directly with the prosecutor that reaches the same result: dismissal on successful completion.

How It Compares to the Alternatives

• vs. Continuance for dismissal (CFD): Functionally very similar — both suspend prosecution and end in dismissal with no plea and no conviction. In practice, "pretrial diversion" is the term more often used in felony matters and formal county programs, while "continuance for dismissal" is more common in non-felony and traffic cases. (See our CFD page.)
• vs. Stay of adjudication: A stay of adjudication also avoids a conviction but requires a guilty plea. Diversion generally happens before any plea, so there's no admission of guilt on the record.
• vs. A plea to a reduced charge: Any plea is a conviction; diversion avoids one entirely.

Diversion vs. Stay of Adjudication

These two are often confused because both can end without a conviction, but there's a key difference:

• Pretrial diversion typically happens before a guilty plea — you complete the program and the charge is dismissed, often without ever entering a plea.
• A stay of adjudication usually requires a guilty plea up front, which is then held in suspension and dismissed on successful completion.

Because diversion may avoid a guilty plea altogether, it can be the cleaner option in some cases — particularly relevant for non-citizens, for whom even the plea underlying a stay of adjudication can carry immigration risk. Which option is available, and which is better, depends on the case.

After Successful Diversion: The Record

Completing diversion gets the charges dismissed, but it does not automatically clear your record — the underlying arrest and charges remain public record even after dismissal. The good news is that a dismissal with no conviction is often a strong basis for expungement after the applicable waiting period. (See our expungement page.)

What this means for you: diversion can be one of the best possible outcomes — no plea, no conviction — but it's discretionary, eligibility is limited, and availability varies by county. Whether you can get into a program (or negotiate a private equivalent) is very much a matter of advocacy.

Key Terms

• Pretrial diversion: A prosecutor-referred program that ends in dismissal (or no charge) on successful completion, with no plea required.
• Crime against the person: A category generally excluded from diversion eligibility.
• Private diversion: A negotiated agreement with the same effect where no formal county program exists.
• Community Corrections Act: The framework requiring participating counties to maintain a diversion program.