The Massachusetts diversion program, authorized by Chapter 276A of the General Laws, lets certain first-time defendants in district court complete a structured 90-day rehabilitation plan instead of being prosecuted, and finish with the charges dismissed. The program can be extended once for up to another 90 days. Successful completion means no conviction on your record. Failure sends the original case back into the normal prosecution track as if diversion never happened.
Two other tracks exist alongside it: restorative justice under Chapter 276B, and diversion programs run directly by individual district attorney offices or the Attorney General. Those are separate systems with their own rules, and this article is about the statutory court program under 276A.
Who Qualifies
Chapter 276A sets four conditions, and you must meet all of them at the same time.1General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 2
- No prior adult convictions in Massachusetts, any other state, or federal court after age 18. Traffic violations that carried no possible jail sentence do not count against you.
- No pending cases, open appeals, continuances, or outstanding warrants anywhere in the country.
- The charge must be one that a district court has final jurisdiction over and for which imprisonment could be imposed.
- A diversion program must assess your case and recommend that you would benefit from participating.
Even if you fall short on one of these points, a judge can grant a 14-day continuance so a diversion program can assess whether you would be a good candidate. The judge is expected to consider the prosecution’s view before doing so.2General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 3
Which Charges Are Eligible
The statute doesn’t name the offenses that qualify. It defines eligibility by exclusion. You cannot be diverted if your charge is:
- Listed in Section 70C of Chapter 277,
- Punishable by more than five years in prison or by a mandatory minimum sentence, or
- An offense that cannot be continued without a finding or placed on file.
Anything else within district court jurisdiction is potentially in play. In practical terms, that includes many non-violent misdemeanors and lower-level felonies, minor drug offenses, and property crimes such as shoplifting. The statute also carves out specific exceptions to its own exclusions: a person charged with simple assault under Section 13A of Chapter 265, or with certain witness intimidation offenses, may still be diverted.3General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 4 The line is not always intuitive, and the specific charging language on your case matters.
Expanded Access for Veterans and Service Members
Veterans and active-duty service members get more room under Chapter 276A. At or before arraignment, probation officers are required to make best efforts to identify whether a defendant has any military service history.4General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 10
Age restrictions that might otherwise apply are removed for qualifying veterans. More importantly, a veteran or active-duty service member charged with a first-offense OUI can be diverted if a clinician has diagnosed them with a traumatic brain injury, substance use disorder, or serious mental illness connected to their service. The court must consider the prosecution’s position. Diversion at the district court level does not prevent the same charges from later being brought as an indictment in superior court.3General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 4
How the Process Works
Screening and Assessment
Once a judge preliminarily finds you might be eligible, the court grants a 14-day continuance and sends you to a diversion program for assessment.2General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 3 The program looks at your background, the nature of the charges, and whether its resources fit your needs. The program director then sends a written report to the court with findings, a recommendation, and, if favorable, a proposed service plan.5General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 5
Judicial Decision and Stay
After the report comes in, the prosecution and any victims get a chance to weigh in. The judge then makes a final eligibility ruling, which cannot be appealed. If you’re approved, the criminal proceedings are stayed for 90 days while you participate in the program.5General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 5 Alternatively, the judge can hear the facts of the case first and then continue the case without a finding for 90 days. That procedural difference can matter if something goes wrong later.
What You Do During the Program
The service plan drives the day-to-day. Common conditions include counseling, substance use treatment, community service, restitution to victims, and regular check-ins with program staff who track your compliance.6Mass.gov. Juvenile Diversion If mental health was a factor, therapy may anchor the plan. If substance use was involved, treatment and recovery work typically will.
End of the Program
At the 90-day mark, the program director reports back to the court. Three outcomes are possible: the judge dismisses the charges if you completed the plan, extends the stay by up to another 90 days on the director’s recommendation, or resumes the criminal case.7General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 7 Total program length tops out at roughly six months.
What Happens If You Fail
The program director must send periodic progress reports and must immediately notify the court of any condition violations or new arrests. If you violate conditions or pick up a new charge, the court can bring you in for a hearing. You get to explain what happened. If the judge finds a violation or a new offense, the judge can terminate the stay and restart your original prosecution. That order is not appealable.8General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 6 You then face the original charges on the normal track.
What You Sign Away, What You Keep
Before the stay of proceedings takes effect, you must sign two documents: a written consent to the program’s terms and conditions, and a written waiver of your right to a speedy trial. You must have the advice of counsel before signing either.5General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 5 The waiver lets the clock stop on your case so the prosecution can still proceed later if diversion fails.
Your self-incrimination protections are substantial. Your request for an assessment, your decision to decline the program, and any statements you make during the assessment cannot be used against you in any criminal proceeding. If the stay is later terminated, your consent to diversion and anything you said or did during the program are inadmissible as an admission.5General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 5 Exploring diversion does not manufacture evidence that can be used against you.
Dismissal and Sealing Your Record
A successful completion typically ends with the judge dismissing the original charges. No conviction attaches. That is a materially different fact for employment, housing, and educational applications than a conviction would be.
The dismissal doesn’t erase the record. The arrest and court record still exist and can show up on background checks until you seal them. You can ask the court where the offense originated to seal a record that resulted in a dismissal entered by the court without probation, or a nolle prosequi.9Mass.gov. Find Out If You Can Seal Your Criminal Record Conviction sealing has waiting periods of three years for misdemeanors and seven for felonies; dismissed charges do not appear to carry the same mandatory wait under the sealing statute. Petitioning to seal is a follow-up step that participants often overlook.
If You Are Not a U.S. Citizen
Federal immigration law has its own definition of “conviction,” and it does not always match Massachusetts law. Under the Immigration and Nationality Act, a disposition without a formal guilt finding can still count as a conviction for removal purposes if you entered a guilty or no-contest plea or admitted facts sufficient to support guilt, and a judge ordered some form of punishment, penalty, or restraint on your liberty.10Office of the Law Revision Counsel. 8 USC 1101 – Definitions
Chapter 276A diversion generally sits well within a noncitizen’s interests because it uses a stay of proceedings rather than a plea, and program statements can’t be treated as admissions. But how a specific case is structured matters. If the process involves an admission of facts or a court-ordered penalty, the federal analysis can come out differently. Consult an immigration attorney before signing the written consent.
Background Checks, Clearances, and Licensing
Even after a dismissal and a sealed record, some disclosure obligations remain. The Standard Form 86, used for federal security clearance applications, asks about arrests, charges, and convictions in the past seven years. The form directs applicants to report this “regardless of whether the record in your case has been sealed, expunged, or otherwise stricken from the court record, or the charge was dismissed.”11U.S. Office of Personnel Management. Standard Form 86 – Questionnaire for National Security Positions A dismissed diversion charge is a far better fact pattern than a conviction on that form, but omitting it is generally treated more seriously than the underlying offense.
Professional licensing boards in fields like nursing, law, and medicine often ask similar questions, and many require disclosure regardless of the outcome. Read the application language for your specific field carefully before assuming a dismissed charge is invisible.
Other Diversion Paths in Massachusetts
Chapter 276A is not the only route out of prosecution in Massachusetts. Chapter 276B authorizes restorative justice programs, which are community-based and focused on repairing the harm from the offense. Both juvenile and adult defendants can participate, participation is voluntary, and statements made during the process are confidential and cannot be used in current or later legal proceedings. Chapter 276B has its own list of disqualifying offenses.12General Court of Massachusetts. Massachusetts General Laws Chapter 276B – Restorative Justice
Individual district attorney offices also run their own diversion programs, and these often operate before arraignment so a case can resolve without a formal court appearance on the complaint. Worcester County, for example, runs an adult diversion program for first-time non-violent offenders aged 18 to 22 on certain minor charges; completion means the DA declines to prosecute and the case is dismissed before arraignment.13The Office of the Worcester County District Attorney. Diversion Program Middlesex County runs comparable programs for juveniles and young adults.14middlesexda. Juvenile and Young Adult Diversion Programs The Attorney General runs a Youth Diversion Program for juveniles under which the eligibility determination is not admissible in later proceedings, and successful completion leads to dismissal in juvenile court.15Mass.gov. Frequently Asked Questions about the AGO Youth Diversion Program Availability depends on the county, the charging office, and your age.
Realistic Expectations
The biggest variable is judicial discretion. Two judges looking at similar cases can reach different conclusions, and the statute bars appeals from the eligibility ruling.5General Court of Massachusetts. Massachusetts General Laws Chapter 276A – Section 5 The prosecution also gets a voice, so a DA’s office that takes a hard line on certain offenses can effectively block diversion even when the statute technically permits it. Program availability varies across the state as well, and while Chapter 276A does not specify administrative fees, programs may charge for supervision, counseling, or treatment, and restitution to victims may be part of the plan. Building the financial side into your plan early helps protect the outcome.