Connecticut’s diversion programs let eligible defendants complete court-ordered conditions in place of a conviction; finish the program and the charges are dismissed and the records erased. The state runs five main options, each tied to a type of charge: Accelerated Rehabilitation for general criminal and motor vehicle offenses, the Pretrial Alcohol Education Program for DUI, the Pretrial Drug Education and Community Service Program for drug possession, the Family Violence Education Program for domestic cases, and the Supervised Diversionary Program for defendants with psychiatric disabilities and for veterans. Which one fits you depends on the charge, your record, and whether you’ve used a diversion before.
Accelerated Rehabilitation
Accelerated Rehabilitation is the broadest program and the one most defendants ask about first. It covers a wide range of criminal and motor vehicle charges, so long as the court considers the offense not serious in nature. The judge places you on supervision for up to two years with conditions tailored to your case, which can include community service, counseling, restitution, or other rehabilitative steps. Complete everything and stay out of trouble, and the court dismisses the charges.
You cannot use it for a Class A felony, most Class B felonies, DUI under Section 14-227a, sexual assault offenses, or certain crimes against children. The full exclusion list is in the statute.
The program is mainly for people with no prior convictions. The statute allows a second use if at least ten years have passed since the first dismissal and the new charge is a misdemeanor. Veterans can use it up to three times. No one gets more than that.
Fees: a $35 application fee and, if granted, a $100 participation fee. If the court orders a hate crimes diversion component as part of Accelerated Rehabilitation, the participation fee is $425. Courts can waive these for financial hardship.
Pretrial Alcohol Education Program
This is the DUI diversion option, available for charges under Section 14-227a and related operating-under-the-influence offenses. You are ineligible if you’ve used the program within the preceding ten years or if you have a prior DUI conviction. If a victim suffered serious physical injuries, the court must give that victim an opportunity to be heard before granting your application.
Fees run $100 to apply, $100 nonrefundable for evaluation, and either $350 for the ten-session track or $500 for the fifteen-session track, depending on which the court assigns. If the court instead orders a full substance abuse treatment program, you pay the provider directly. Any of these amounts can be reduced or waived if you cannot afford them.
Pretrial Drug Education and Community Service Program
This program is for drug possession charges under Sections 21a-257, 21a-267, 21a-279, or 21a-279a. The Court Support Services Division evaluates you and decides whether straight drug education is appropriate or whether you need a more intensive treatment track. The program involves fifteen sessions of drug education, at least fifteen sessions of substance abuse treatment, and community service.
Fees: $100 to apply, $150 nonrefundable for the evaluation, and $250 nonrefundable for the program. Any treatment the court orders beyond the standard program is billed by the provider.
Anyone who has already participated twice in this program (or in the former community service labor program) is barred, though the court can grant a third chance for good cause. Successful completion ends in dismissal.
Family Violence Education Program
This program is for family violence charges and comes with several prior-conduct bars: no family violence conviction after October 1, 1986, no previous use of this program, and no prior Accelerated Rehabilitation for a family violence offense. You generally cannot be charged with a Class A, B, or C felony; the court has some discretion on Class D felonies.
If accepted, you’re placed in the custody of the family violence intervention unit for up to two years and attend classes on family violence law and prevention. The court can add conditions such as a protective order. Fees are a $100 nonrefundable application fee and a $300 program fee at entry, waived for indigent defendants. Completion dismisses the charges.
Supervised Diversionary Program
This program serves two groups: defendants with psychiatric disabilities and veterans with treatable mental health conditions. A psychiatric disability under the statute is a mental or emotional condition (other than solely substance abuse) that substantially interferes with your ability to function and requires care and treatment. For veterans, the court must find a mental health condition amenable to treatment.
As with Accelerated Rehabilitation, it is limited to charges the court considers not serious in nature. Participants receive treatment and supervision, the court monitors progress through status hearings, and successful completion ends in dismissal.
Baseline Eligibility Rules
Beyond program-specific rules, some limits apply across the board. Class A felonies, most Class B felonies, sexual offenses, and offenses that caused someone’s death are excluded from diversion generally. Judges also weigh whether you’re likely to reoffend and whether granting diversion serves public safety. The prosecutor can object, and some programs require a state’s attorney recommendation before the court will grant your application. In cases with victims, the court may hear from the victim before deciding.
How to Apply
Applications are filed in writing with the court clerk, typically through your attorney, on the form for the specific program. You state under oath that you meet the eligibility requirements and pay the application fee.
The court then sets a hearing. The judge reviews the application and considers any objection from the prosecutor. In domestic cases, the family violence intervention unit submits a report and recommendations. For alcohol and drug program applications, the court seals the file from public view once you apply. A victim who suffered serious physical injuries gets a chance to speak before the court rules.
If the judge grants the application, you receive specific conditions and a timeline, and the court may schedule periodic status hearings to track compliance. The criminal case is essentially paused while you work through the program.
What Happens If You Don’t Comply
Missed sessions, a failed drug test, skipped community service, or a new arrest will be reported to the court by the supervising agency. You get a hearing to explain. Judges sometimes show flexibility for a documented medical emergency or genuine financial hardship, but repeated or serious violations usually end in termination.
When you’re removed, the original charges are reinstated and the case proceeds as if the diversion never happened. For programs with lifetime caps, a failed attempt counts against you. The Drug Education and Community Service Program, for example, counts a failed attempt toward the two-use limit. Diversion is a one-shot opportunity with a real downside if you don’t finish.
What Dismissal Does to Your Record
A dismissal following successful completion triggers automatic erasure of the related police, court, and prosecutor’s records under Section 54-142a once the time for filing an appeal expires. No petition is required.
Dismissal is faster than a nolle, which erases only after thirteen months. Once records are erased, you are not required to disclose the arrest or the charges on job, housing, or similar applications. In practice there can be a gap between the dismissal and full erasure across every database, and during that window the arrest may still appear in some background checks. Connecticut law provides a basis to challenge private background check companies that continue to report erased records.
If You Are Not a U.S. Citizen
Federal immigration law uses its own definition of “conviction.” Under 8 U.S.C. § 1101(a)(48)(A), a conviction exists for immigration purposes when a person pleads guilty or admits enough facts to support a finding of guilt and the judge orders any form of punishment or restraint on liberty, even if the state later dismisses the charges.
Connecticut’s diversion programs generally do not require a guilty plea or admission of guilt before entry. USCIS policy guidance says a pretrial diversion where no admission or finding of guilt is required may not count as a conviction for immigration purposes. That distinction separates Connecticut from states that require a plea first.
Details still matter. If you make any factual admission in court during the diversion process, or if the court imposes conditions that federal authorities characterize as punishment, immigration officials could still treat the disposition as a conviction. Federal databases may retain the arrest record even after Connecticut erases it. USCIS has also made clear that a dismissal based on completing a rehabilitative program, rather than on the merits, does not eliminate a conviction for immigration purposes if one existed. Anyone who is not a U.S. citizen should talk to an immigration attorney before entering any diversion program.
If You Hold a CDL
Federal law blocks commercial driver’s license holders from using diversion to keep traffic violations off the driving record. Under 49 C.F.R. § 384.226, states cannot mask, defer judgment, or allow diversion that would prevent a CDL holder’s conviction for a traffic offense from appearing on the driver’s record. The rule applies to violations in any vehicle, not just commercial trucks. Even if you qualify for Accelerated Rehabilitation on a traffic charge, the conviction still goes on your commercial driving record regardless of how the state court resolves the criminal case.
When a Lawyer Helps
Diversion applications involve judicial discretion at every stage, and a prepared argument meaningfully increases the chance of acceptance. Attorneys know which judges are more receptive to particular programs, how to frame the case for the prosecutor, and whether the facts of your charge create a hidden eligibility problem. For noncitizens, the immigration analysis alone justifies getting legal help before deciding anything.
A lawyer also matters if problems come up during the program. If financial hardship prevents you from paying fees, or a medical issue interferes with attendance, counsel can petition the court for a modification or extension before a noncompliance report reaches the judge. Fighting a removal after the fact is harder than preventing it.