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PRE TRIAL DIVERSION FREQUENTLY ASKED QUESTIONS

What is Pre Trial Diversion?
Pre Trial Diversion is a program that the Solicitor’s Office is offering you in exchange for a dismissal of your charges.

What do I have to do?
The program requires that you pay a program fee and that you pay supervision fees.  You may also be required to do one or more of the following:  complete an evaluation, complete a course of treatment/counseling, perform community service, refrain from the use of alcohol or drugs, submit to random screens, and/or pay restitution.

Where do I find a State Approved DHR provider?
You can locate a provider at https://dipas.dbhdd.ga.gov/home.aspx or http://bhlweb.com/

If you do not have access to the internet, then the diversion coordinator will provide you with a list.

Why do I have to obtain an evaluation within 14 days?
You do not have to wait until your first appointment with the diversion coordinator to contact a provider. Your provider may recommend a course of treatment that involves weekly classes. If you do not begin your treatment immediately or miss appointments, then you may not have enough time to successfully complete the diversion program. 

How will Pre Trial Diversion benefit me?
If you choose to complete the program, the Solicitor’s Office will dismiss the charge against you and you may be eligible to have the arrest record expunged from criminal history.

What is record restriction?
Record restriction is the new name for expungement.  When an arrest record on a person's criminal history is restricted it is no longer viewable by the public.  However, law enforcement agencies will still be able to view that particular arrest record.  Additionally, the Clerk's Office and the Sheriff's Department will maintain their own records regarding your case and those are viewable by the public.

If you were arrested before July 1, 2013, and you successfully completed pre-trial diversion, then you may apply for that arrest record to be restricted.  You can find the application and instructions on how to complete the application by clicking on this link:HERE

If you were arrested after July 1, 2013, and you successfully completed pre-trial diversion, then you do not need to submit an application for record restriction.  Instead, upon receiving notification from probation of your successful completion, our office will soon thereafter update your criminal history.

Please note that, in most circumstances, the following are NOT eligible for record restriction: cases in which you entered a plea of guilty or no contest, and cases in which you were found guilty after a bench or jury trial, regardless of the length of time that has passed since that plea or verdict.

What happens if I don’t complete Pre-Trial Diversion or violate one of the conditions?
If you choose not to complete Pre Trial Diversion or if you violate a condition, the Solicitor’s Office will proceed with the prosecution of your case. Your new court date will be mailed to you. If you are convicted, you can be punished for each offense by a fine up to $1,000.00 and a term of imprisonment of up to 12 months in jail.  You may be placed on probation and required to pay fines, complete a course of treatment and/or counseling, perform community service, pay restitution, and complete other terms set forth by the Judge.

What does Terminate Upon Completion mean?
If Terminate Upon Completion is a term of your diversion, then your probation will end when you have completed all conditions and provided the proof to the diversion coordinator.  

How do I know when I am done with the program?
The diversion coordinator will let you know when you have completed the program.  The Solicitor’s Office will have the Judge sign a Nolle Prosequi (dismissal) form and a copy will be mailed to you.

What happens to my bond?
If you posted a cash bond, it will be returned to you or the surety after you complete the program. If you hired a bonding company to post your bond, you probably will not receive a refund.