“Preprosecution Diversion” in Nevada

Pre-prosecution diversion in Nevada permits eligible defendants to complete an educational program in exchange for having their misdemeanor charges dismissed. Pre-prosecution diversion is not available to people accused of:

• a crime of violence;
• vehicular manslaughter;
• DUI; or
• a minor traffic offense

In this article, our Las Vegas criminal defense attorneys answer frequently-asked questions about pre-prosecution diversion in Nevada, including eligibility and benefits. Click on a topic to jump to that section.

• 1. What is a pre-prosecution diversion in Las Vegas, NV?
• 2. Am I eligible?
• 3. What is it like?
• 4. What are the benefits?
• 5. What if the defendant fails to complete diversion?
• 6. Can pre-prosecution diversion lead to records seals?

Also see our related article about plea bargains and submittals in Nevada.

1. What is a pre-prosecution diversion in Las Vegas, Nevada?

It is where eligible defendants complete rehab, classes, or other tasks in exchange for the court dismissing their misdemeanor charge. And defendants do not have to enter a plea like they would if they were doing a plea bargain.¹

2. Am I eligible?

Possibly, if you are facing misdemeanor charges in Nevada other than:

• any offense involving the use…or threatened use…of force or violence against the person or property of another;
• vehicular manslaughter;
• DUI; or
• a minor traffic offense

Note that defendants are not eligible for diversion if they have previously been:

• convicted of breaking any criminal law other than a minor traffic offense; or
• ordered by a court to complete diversion.²

3. What is it like?

Typical diversion programs include one or more of the following:

• educational classes
• counseling
• rehab
• support groups
• anger management therapy
• community service
• restitution payments
• restraining orders
• curfews
• mental illness programs
• veteran programs

4. What are the benefits?

The primary benefit is the defendant’s charge will be dismissed as long as he/she completes the diversion program. This way there is no conviction on the defendant’s record. And this all happens “pre-prosecution,” which means that the defendant can do diversion without having to enter a plea.³

5. What if the defendant fails to complete diversion?

Then the defendant is required to appear in court for an arraignment. In short, the case will proceed as if the diversion program never existed.⁴

6. Can pre-prosecution diversion lead to record seals?

Yes. Once a defendant completes a diversion program successfully, the court will dismiss the charge and order that all records related to the case be sealed. But note that the defendant has the responsibility to mail the judge’s order to the various relevant state agencies, such as the criminal records bureau in Carson City and the police department.⁵

Call a Nevada criminal defense attorney…

If you have been charged with a misdemeanor in Nevada, you may be able to get the case dismissed by doing a pre-prosecution diversion program. Call our Las Vegas criminal defense attorneys for a FREE consultation.

Arrested in Colorado? See our article on Colorado adult diversion laws.

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