First-Time Offender? Here’s What You Should Know About Diversion Programs

First-time offense? Learn how diversion programs can help you avoid jail, clear your record, and move forward—especially for non-violent charges.

Mark D Hauser

6/25/20253 min read

First-Time Offender? Here’s What You Should Know About Diversion Programs
First-Time Offender? Here’s What You Should Know About Diversion Programs

Being charged with a crime for the first time can be terrifying. You may be worried about going to jail, losing your job, or having a criminal record that follows you forever. The good news? If this is your first offense and the charge is non-violent, the state offers several diversion programs designed to help people avoid conviction, avoid jail, and, in many cases, keep their record clean.

If you’ve been arrested, understanding your options—and acting quickly—can make all the difference. With over 30 years of experience defending clients charged with crimes, I’ve helped people navigate these charges and avoid harsh outcomes. I can be your go-to criminal defense attorney in Montgomery County and the nearby area. Here’s how I approach criminal cases for First-Time Offenders.

What Is a Diversion Program?

Diversion programs are alternatives to traditional prosecution. Instead of going through a full trial or accepting a guilty plea, qualifying individuals are given the opportunity to complete certain conditions—such as counseling, community service, or drug treatment. If the program is completed successfully, charges are often withdrawn or dismissed, and in many cases, you may be eligible to have the record sealed or expunged.

These programs are designed to give people a second chance, reduce repeat offenses, and ease the burden on the criminal court system.

Local Common Diversion Programs

Local cities offer several well-established diversion programs, especially for first-time, non-violent offenders:

1. Accelerated Rehabilitative Disposition (ARD)

  • For non-violent misdemeanors and DUIs

  • Includes probation, community service, and possible restitution

  • Upon completion, charges are dismissed

  • Eligible for expungement (record clearing)

2. Drug Treatment Court

  • For individuals facing drug-related charges and who have a substance use disorder

  • Focuses on treatment over punishment

  • Intensive supervision and regular drug testing

  • Charges may be reduced or dismissed upon completion

3. Mental Health Court

  • For individuals with diagnosed mental health conditions

  • Offers treatment plans and support services

  • Successful completion can lead to dismissed charges or reduced penalties

4. Domestic Violence Diversion Program

  • For certain first-time misdemeanor domestic violence offenses

  • Requires counseling and a no-contact period

  • Charges dismissed after completion

5. Summary Diversion Program (Pretrial Community Justice Program)

  • For minor summary offenses like disorderly conduct or public intoxication

  • Typically involves one educational session

  • Charges are immediately withdrawn upon attendance

Each program has its own eligibility requirements. An experienced defense lawyer can evaluate your situation and advocate for the best option.

Why Diversion Programs Matter for First-Time Offenders

For someone who has never been in trouble with the law, diversion programs offer tremendous benefits:

  • Avoid a criminal conviction

  • Stay out of jail

  • Protect employment and professional licenses

  • Maintain eligibility for student loans or housing

  • Preserve your reputation

  • Clear your record through expungement (in most cases)

It’s important to act quickly—many diversion options must be negotiated before the case proceeds too far in court.

Can a Lawyer Help Me Get into a Diversion Program?

Absolutely. As a criminal defense attorney with over 30 years of experience, I’ve helped hundreds of first-time clients qualify for diversion instead of conviction.

I can:

  • Evaluate your eligibility for diversion

  • Negotiate with the District Attorney’s Office

  • Explain all your options—including plea deals or record sealing

  • Guide you through the entire process from arraignment to dismissal

Your case and your future deserves personal attention.

Will My Record Be Automatically Cleared?

No. Even if your charges are dismissed through diversion, you must file separately to expunge your record. This is a crucial step many people miss. Without it, the arrest may still show up on background checks. I help clients complete the expungement process to fully protect their future. Learn more from a criminal defense attorney near Delaware County.

Don’t Let One Mistake Define Your Life

If you’re a first-time offender, don’t assume you’re out of options. With the right legal guidance, you may be able to resolve your case without a conviction, avoid jail, and move forward with a clean slate. Contact Mark D. Hauser, Attorney at Law today for a confidential case evaluation.