Alabama Pretrial Diversion: Eligibility, Cost, and Expungement

Alabama pretrial diversion is a program run by each judicial circuit’s district attorney that lets certain defendants earn a dismissal of their charges by completing conditions instead of going to trial. Eligibility, fees, and requirements vary by county because the DA in each circuit has sole authority to set the rules. Completion ends the criminal case, but the process is not cheap, the conditions are strict, and some federal consequences follow you even after the state dismisses your charges.

Who the District Attorney Will Consider

There is no right to diversion in Alabama. The district attorney decides who gets in, and no judge can override a denial. Every DA’s office writes its own screening rules, but the patterns are consistent across the state.

A clean or minimal criminal record is the single biggest factor. First-time offenders facing non-violent charges have the best odds. Prior felony convictions for violent crimes are close to an automatic disqualifier. If you are already on probation or parole, expect extra scrutiny because new diversion conditions can conflict with your existing supervision.

Repeat applicants rarely get a second bite. If you have already completed a pretrial diversion program on an earlier charge, most offices will deny a second application unless the circumstances are unusual. Prosecutors also weigh employment, community ties, and how reliable you look on paper. A defendant who seems unlikely to follow through usually doesn’t get the benefit of the doubt.

Which Charges Typically Qualify

Diversion is built for non-violent offenses. Misdemeanors carry the bulk of the caseload: shoplifting, driving on a suspended license, possession of drug paraphernalia, and similar low-level charges are routinely considered. Lower-level felonies can also qualify. Unlawful possession of a controlled substance, a Class D felony, is one of the more common felony charges routed through diversion for first-time offenders.¹

Drug cases make up a large share of diversion statewide. First-time marijuana possession or obtaining a prescription drug by fraud can be eligible if there are no aggravating factors like distribution evidence. Theft charges, including lower-degree property theft, are frequently considered when you can pay restitution. Bad-check and similar fraud offenses may qualify if you make the victim whole.

Domestic violence charges are much harder to divert. Physical injury, an existing protective order, or a history of incidents usually ends the conversation, and the victim’s position often influences the DA either way. Violent felonies and sex offenses are effectively off the table statewide.

CDL Holders Cannot Divert Traffic Offenses

If you hold a Commercial Driver’s License or Commercial Learner’s Permit, federal regulations bar Alabama from putting you into diversion for any traffic violation, in any vehicle, whether the ticket was written here or in another state.² The only carve-outs are parking, weight, and vehicle-defect violations. Every other traffic conviction must appear on your CDLIS driver record. A ticket that would sail through diversion on a regular license is completely ineligible once you have a CDL.

What Diversion Actually Costs

Diversion is not free. Alabama caps the DA’s administration fee at $1,000 per case, tied to the first-offense penalty under the drug paraphernalia statute.³⁴ That cap covers only the administration fee. On top of it, participants owe court costs, crime victim compensation assessments, forensic science assessments, supervision fees, treatment costs, and restitution.

Total out-of-pocket costs of $1,000 to $2,000 or more are common. Some counties publish separate schedules for felonies, DUI cases, and misdemeanors. The DA can set a payment schedule, and some offices allow installments, but falling behind can get you removed from the program. Courts generally expect every dollar paid before charges are dismissed.

Then there are the case-specific costs. Drug and alcohol testing, mandatory classes, counseling, and electronic monitoring all carry their own fees paid by the participant. Monthly drug testing alone typically runs $30 to $60. These extras can add several hundred dollars over the life of the program. The total is almost always less than what a conviction would cost you in fines, court costs, and lasting collateral consequences.

Conditions You Sign Up For

Every participant signs a written agreement with the DA’s office that lays out program length, costs, conditions, and the terms for dismissal.⁵ Alabama does not set a statewide minimum or maximum duration, so the DA decides. Programs typically run from several months up to two years depending on the charge and the county.

Common conditions include:

Community service hours, usually scaled to the severity of the charge.
Full restitution to any victim by a set deadline.
Drug or alcohol evaluation and treatment, inpatient or outpatient, at the participant’s expense unless the DA approves otherwise.⁶
Mental health evaluation and treatment when the DA determines it’s appropriate.
Periodic or random drug testing at a frequency the DA sets.⁶
Educational courses tied to the offense, such as theft prevention, financial responsibility, or anger management.
Curfews, electronic monitoring, or travel restrictions as spelled out in the agreement.⁵
Regular check-ins with a program supervisor, often monthly, with documentation of compliance.

Documentation is where participants most often stumble. You will need to submit proof of everything: community service hours, course completion certificates, employment or enrollment verification, fee payment receipts, and progress reports from counselors or treatment providers. A missed documentation deadline can trigger a warning, additional requirements, or removal. Keep organized records from day one.

What Happens if You Slip

Consequences depend on the severity of the violation and the DA’s temperament. A late payment or a missed check-in may draw a warning or a brief extension. Some offices build in room for good-faith mistakes.

Serious violations are handled differently. A failed drug test, a new arrest, or a pattern of missed conditions will usually get you removed. Once you’re out, the DA can prosecute the original charges, and any plea-related understandings tied to the diversion disappear. A single failed drug test might mean more frequent testing or mandatory rehab first, but repeated failures leave no room to negotiate. Getting kicked out also makes it much harder to qualify for a similar program later.

Federal Consequences That Survive a Dismissal

Completing diversion and getting your charges dismissed is a real win under Alabama law. Several federal agencies, however, treat diversion participation the same as a conviction. Those consequences apply regardless of the state dismissal.

Immigration

For non-citizens, diversion is one of the most dangerous corners of criminal law. Federal immigration law defines “conviction” more broadly than Alabama does: a conviction exists whenever a person pleads guilty or admits enough facts to support a finding of guilt and the judge imposes any form of punishment or restraint on liberty.⁷ If your diversion requires an upfront guilty plea or admission, federal immigration authorities may treat that as a conviction for deportation and inadmissibility purposes even after Alabama dismisses the charge. Any non-citizen should consult an immigration attorney before entering a plea or signing a diversion agreement.

Firearms

While you are actively in diversion for a charge punishable by more than one year in prison, 18 U.S.C. § 922(n) bars you from receiving or transporting firearms or ammunition. The restriction applies to anyone under indictment for such a crime, and your indictment stays active until the charges are formally dismissed at program completion.⁸ The restriction lifts once you complete diversion and the case is dismissed, but if the underlying charge would have been a felony conviction, verify your specific situation before buying or possessing firearms.

Banking Employment

Federal law bars anyone who has entered diversion for an offense involving dishonesty, breach of trust, or money laundering from working at or participating in the affairs of an FDIC-insured bank without prior written consent from the FDIC.⁹ The rule treats diversion entries identically to convictions. Even after successful completion and dismissal, you need an individual waiver or sponsorship from the hiring bank unless the offense qualifies as de minimis under the FDIC’s criteria. Expungement can eliminate the requirement, but only after it has actually been granted.

Security Clearances

Federal background investigations for security clearances require disclosure of diversion participation. The SF-86 evaluates criminal history on recency, pattern, rehabilitation, and candor. Leaving a diversion off the form is a bigger problem than the diversion itself. Adjudicators expect complete honesty, and an undisclosed diversion turned up during investigation will raise serious trustworthiness concerns.

Dismissal and Your Record

If you complete every condition, the district attorney must dismiss the criminal charges. That dismissal is not discretionary once you have finished the program. If you fail out, the DA can proceed with prosecution on the original charges, which could lead to trial, a plea, fines, probation, or jail time.

Dismissal does not erase the arrest record. The charge and arrest still appear on background checks unless you take the separate step of seeking expungement.

Expungement After You Finish

Alabama lets both misdemeanor and felony charges dismissed after successful diversion be expunged. For misdemeanors, traffic violations, and municipal ordinance violations, you file a petition in the circuit court of the county where the charges were originally filed.¹⁰ The same option exists for felonies dismissed after diversion.¹¹

You must wait one year from the date of successful completion before filing. Expungement can also be built into the diversion agreement itself; some DA offices include it. Once granted, expungement removes the charge from your criminal record, which matters for employment, housing, and the FDIC banking restriction. It will not undo federal immigration consequences that have already been triggered.¹⁰¹¹

1
Alabama Legislature. Alabama Code 13A-12-212 – Unlawful Possession or Receipt of Controlled Substances
2
eCFR. 49 CFR 384.226 – Prohibition on Masking Convictions
3
Alabama Legislature. Alabama Code Title 12 Chapter 17 Article 6 Division 5 Section 12-17-226-8 – Fees
4
Alabama Legislature. Alabama Code 13A-12-281 – Additional Penalties Prescribed
5
Alabama Legislature. Alabama Code Title 12 Courts 12-17-226.10 – Written Agreement; Other Terms and Conditions
6
Alabama Legislature. Alabama Code Title 12 Chapter 17 Article 6 Division 5 Section 12-17-226-9 – Treatment Programs; Drug Testing
7
Office of the Law Revision Counsel. 8 USC 1101 – Definitions
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
9
FDIC. Section 19 – Penalty for Unauthorized Participation by Convicted Individual
10
Alabama Legislature. Alabama Code 15-27-1 – Petition to Expunge Records – Misdemeanor Offense, Violation, Traffic Violation, or Municipal Ordinance Violation
11
Alabama Legislature. Alabama Code Title 15 Criminal Procedure 15-27-2 – Petition to Expunge Records