Brooks Law Firm
The first setting on a first charge is where most of the damage gets done, and it gets done politely. A prosecutor offers something reasonable, the courtroom is moving fast, and a person who has never been arrested takes the offer because it sounds like the case is over. It is not over. Five years later it is on a background check, and by then it is permanent. Brooks Law Firm has handled thousands of criminal cases in the Shelby County courts, a large share of them for people who had never been in one before. Call or text the criminal line at 901-412-2973.
The question is not “will I get diversion”
Almost everyone arrives asking about diversion, because it is the outcome they have heard of. The better question is which of the good outcomes you should be asking for, because they are not equal, and the one that sounds best on the day is frequently not the one that serves you in five years.
- Dismissal. The State drops it or a judge dismisses it. No plea, no conditions. Expungeable immediately. The best outcome and, for weak cases, a realistic one.
- Retirement. The case is set aside — usually six months to a year — and dismissed at the end if you stay out of trouble. No plea is entered. Nothing is “used up.” In many Shelby County courtrooms this is the quiet first-offense outcome, and it is better than diversion for exactly that reason.
- Judicial diversion. You plead guilty; the court holds the finding without entering a conviction; complete probation and the charge is dismissed. Then you petition to expunge it. The catch: you get it once in your life, and if you violate, the court enters the conviction you already admitted to.
- Pretrial diversion. A written agreement with the District Attorney suspending prosecution entirely. No plea at all. Rare, and it requires the DA’s consent.
- Reduction. Sometimes the honest win — a DUI reduced to reckless driving, for instance, is expungeable after five years where the DUI never is.
- Conviction with probation. A permanent record. Sometimes unavoidable. Never the first offer to accept.
Why the order matters
Diversion is valuable precisely because you only get it once — which means spending it on a charge that could have been dismissed or retired has a real cost you will not feel until the next time you need it. A shoplifting citation resolved on diversion means that a more serious charge years later, one that actually threatens your livelihood, has no diversion available. Prosecutors do not volunteer the better outcome; it is not their job. The person standing alone at a first setting rarely knows it exists.
That judgment — which outcome to pursue in which courtroom, and how to get it — is most of what a defense lawyer does on a first offense. The mechanics of each program are laid out on our Tennessee misdemeanor sentencing page; the judgment call is on the first-time offender page.
The step nobody takes
Whichever good outcome you get, the record does not clear itself. A dismissal, a completed retirement, a finished diversion — each has to be followed by an expungement petition, with a filing fee, in the court where the case began. I regularly meet people whose case was dismissed years ago and who are still failing background checks because nobody told them there was a second step. Whatever you do on the first charge, make sure someone files the paperwork at the end of it.
Frequently Asked Questions
Is diversion the best outcome for a first offense?
Often, but not always. Judicial diversion requires a guilty plea that is held open; retirement and dismissal do not. If a dismissal or retirement is realistically available, using your one lifetime diversion on the charge is a cost, not a win.
What is retirement of a criminal case in Tennessee?
The case is set aside for a period, typically six months to a year, with no plea entered, and dismissed at the end if you stay out of trouble. It is a common first-offense outcome in Shelby County courtrooms and one most defendants have never heard of.
Does a first-offense dismissal come off my record automatically?
No. Nothing does. A dismissal, a retirement, and a completed diversion all require a separate expungement petition, filed in the court where the case started. Cases dismissed years ago still appear on background checks for exactly this reason.
Can I get diversion for a first DUI in Tennessee?
No. DUI is excluded from diversion by statute. For a first DUI the realistic goals are a reduction to reckless driving, an acquittal, or — for veterans — Veterans Treatment Court.
First arrest in Memphis or a Shelby County suburb? The consultation is free and confidential. Brooks Law Firm, 2299 Union Avenue, Memphis. Office (901) 324-5000 · criminal line 901-412-2973.