Brooks Law Firm
Short answer: diversion lets a person with little or no record finish a period of supervision and leave with the charge dismissed and eligible for expungement, with no conviction. Tennessee has two kinds. Pretrial diversion is an agreement with the District Attorney: there is no guilty plea, and it is for misdemeanors only. Judicial diversion is ordered by the judge: you plead guilty, but sentencing is deferred and no conviction is entered while you complete probation; finish it and pay the costs, and the charge is dismissed. Either one can be used only once in a lifetime, so it is worth spending carefully.
Most people who ask about diversion have never been charged with anything before, and the first thing they want to know is whether this will follow them. Very often it does not have to. Diversion is one of the ways a first charge in Shelby County ends without a conviction, alongside a dismissal, a retired charge, or a dismissal at cost, and which one fits depends on the charge, the court and your record. Our Tennessee misdemeanor guide sets every option side by side. This page is about diversion itself.
Text a photo of your paperwork to 901-412-2973 or call (901) 324-5000. The consultation is free, and we will tell you whether you qualify and which kind fits your case. Se habla español.
The two kinds of diversion, side by side
| Judicial diversion | Pretrial diversion | |
|---|---|---|
| Law | T.C.A. § 40-35-313 | T.C.A. § 40-15-105 |
| Who decides | The judge, with your consent | The District Attorney agrees, in a written memorandum of understanding, and the court approves it |
| Guilty plea | Yes, but no judgment of guilt is entered | No |
| Charges | Misdemeanors and Class C, D and E felonies | Misdemeanors only |
| Prior record | No earlier diversion, no prior felony, and no prior Class A misdemeanor for which you served jail time | No earlier diversion, and no prior Class A or B misdemeanor or any felony conviction |
| How long | For a misdemeanor, at least the maximum sentence: 11 months 29 days for a Class A | Up to two years |
| At the end | The charge is dismissed; no judgment of guilt is ever entered | The charge is dismissed with prejudice |
Either way, the dismissal can then be expunged, and either way the statutes count it as your one diversion.
Who cannot get diversion
Meeting the rules makes you eligible; it does not entitle you. The District Attorney decides pretrial diversion, and the judge decides judicial diversion. Among the charges excluded outright:
- DUI is excluded from both kinds.
- Domestic assault is excluded from pretrial diversion only. Judicial diversion remains available, at the judge’s discretion.
- Misdemeanor sexual offenses and child abuse, neglect or endangerment are excluded from pretrial diversion, and listed sexual offenses are excluded from judicial diversion.
- Class A and B felonies are excluded from judicial diversion, and every felony is outside pretrial diversion.
- Offenses by a public official committed in an official capacity are excluded from both.
Before either kind can be granted, the Tennessee Bureau of Investigation must issue a certificate showing no disqualifying conviction or earlier diversion. The TBI’s fee is $100, and the judge can sign an indigency form if you cannot pay it.
What diversion asks of you
Diversion is supervision with conditions, and the conditions are real. The usual ones are to commit no new offense, stay away from certain people or places, pay restitution if there is a loss, pay court costs, and complete a class or treatment program when the charge calls for one. Either kind can include an alcohol monitor where alcohol or drugs played a part, and judicial diversion can also include up to 30 days in jail.
There are monthly fees. Pretrial diversion in Shelby County runs $10 to $35 a month, as the court sets. Judicial diversion supervision runs $10 to $60 a month since July 1, 2026, when the legislature raised the cap from $35 (2026 Pub. Ch. 1025). In a drug case, Tennessee also charges a $250 drug testing fee when diversion is granted. Counseling or treatment costs come on top, based on what you can pay.
How it ends, and clearing the record
When you finish, the charge is dismissed. On pretrial diversion, the court enters a dismissal with prejudice within 90 days after the period ends, unless the State has filed a notice that you did not comply. On judicial diversion, once you have completed probation and paid the costs, the judge dismisses the case without ever entering a judgment of guilt.
A dismissal does not erase the arrest by itself. You then petition to expunge it under T.C.A. § 40-32-106(d), with a TBI certificate attached; the clerk’s costs depend on the court and the case. After expunction, what remains is confidential: a TBI entry, and on judicial diversion a non-public court record, kept only so that no one gets diversion twice. Our expungement page walks through the petition.
Diversion in Shelby County
In General Sessions at 201 Poplar and in the suburban courts, diversion is one route among several, and some of the others preserve your one diversion for a day you might need it more. Our guides to a first arrest in Memphis and a first theft charge walk through those choices. Treatment courts, such as Shelby County Drug Court in General Sessions Division 8 and the Veterans Treatment Court, are separate tracks that can themselves end in a dismissal, a reduction, or diversion. Part of our job at the first setting is to find the outcome that leaves you the cleanest record while keeping your options open.
Frequently asked questions
Is diversion a guilty plea?
Judicial diversion starts with a guilty plea, or a finding of guilt, but sentencing is deferred and the judge does not enter a conviction. If you complete probation and pay the costs, the case is dismissed as though the plea never became a judgment. Pretrial diversion involves no plea at all: prosecution is simply put on hold under your agreement with the District Attorney. One caution matters more than the label: federal immigration law can treat a diversion plea as a conviction, so if you are not a U.S. citizen, say so before any plea is entered.
Is diversion better than probation?
For most people who qualify, yes, because it ends with no conviction and a record that can be expunged. The trade-offs are real, though. Judicial diversion on a Class A misdemeanor lasts at least 11 months 29 days, which can be longer than the probation a plea would bring. And because you have already pleaded guilty, a violation lets the judge enter the conviction and sentence you on that plea. If pretrial diversion is terminated, the prosecution simply resumes.
How many times can you get diversion in Tennessee?
Once. The judicial diversion statute says dismissal “may occur only once with respect to any person,” and both statutes disqualify anyone who has had either kind before. That is why it can make sense to resolve a minor first charge another way, such as a dismissal or a retired charge, when one is available.
Can I travel while I am on diversion?
It depends on the conditions in your agreement or your probation order, which can include where you live. Judicial diversion is a form of probation, so your supervising officer’s rules apply. Before you leave the state, ask your officer or your lawyer, and get permission in writing if your conditions require it. An unapproved trip is not worth losing a dismissal over.
Will diversion show up on a background check?
While you are on diversion, the charge is pending and can appear. After you finish, the charge is dismissed, but the arrest and the dismissal stay on public court records until you expunge them. Once the record is expunged, what remains is confidential and is used only to check eligibility for diversion in the future.
What are the three types of diversion?
Tennessee law has two formal kinds: pretrial diversion and judicial diversion. People who count three usually add a treatment-court track, such as drug court or veterans court, or the General Sessions practice called retirement, in which a charge is taken off the docket for a period on conditions and dismissed afterward if you meet them. A retired case is not over until the court actually enters the dismissal, and it cannot be expunged before that. Retirement is not diversion under the statutes, and it does not use up your one diversion.
Can I get diversion for a DUI?
No. Tennessee excludes DUI from both pretrial and judicial diversion, and a DUI conviction cannot be expunged without a governor’s pardon. The realistic goals in a DUI case are a dismissal or, in the right case, a reduction to reckless driving; see DUI reduced to reckless driving. Underage driving while impaired (T.C.A. § 55-10-415), the separate .02 offense for drivers under 21, is a different charge and is on neither exclusion list; an under-21 driver charged with ordinary DUI is still excluded.
Talk to us before you agree to anything
Diversion can come up at an early court date, and it is easy to say yes in the hallway. Before you do, make sure it is the best outcome available and not just the first one offered, because you only get it once. Text 901-412-2973 or call (901) 324-5000. Brooks Law Firm, 2299 Union Avenue, Memphis, TN 38104.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Checkpoint schedules change monthly; check the Highway Patrol’s current list. Implied-consent periods depend on the date of the arrest and your history. The outcome of any case depends on its facts.