Legal Question in Criminal Law in Indiana

A Diversion is where the prosecutor on a case decides to divert the case out of the criminal justice system and eliminates the possibility of any conviction. It is usually reserved for a limited class of cases and criteria which each prosecutor chooses. Typically the accused pays both a user fee for the program as well as a fee for a behavior modification course or class; for example on the dangers of drug and alcohol abuse or the costs to society of shoplifting and retail theft. Once completed (sometimes a certain number of community service hours are also part of a Diversion Agreement) the accused must stay arrest free for a period of time, such as a year or more at the end of which all charges are dismissed. The arrest remains on your record but there is no conviction.

A lawyer who practices in the area of criminal law would be able to discuss with you if the specifics of your case seem to qualify in your community as the type of case that can be resolved with a Diversion. Agreement. Your question mentions that this is an old case and so if there have been a lot of legal maneuvers or unnecessary delays or failures to appear at scheduled court hearings the prosecutor on your case may be less inclined to offer a Diversion Agreement. Again speak with a lawyer who knows the system and can help guide you through it.