Getting charged with a crime in Virginia can feel overwhelming. A lot of people immediately assume that a conviction is unavoidable — but that’s not always true. In some cases, pretrial diversion may be an option that allows you to avoid a conviction entirely and move forward without a criminal record.

Pretrial diversion in Virginia isn’t automatic, and it isn’t available for every charge. It’s also handled differently depending on the county and the Commonwealth’s Attorney involved. That’s why understanding how the process works — early — can make a real difference.

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What Is Pretrial Diversion in Virginia?

Pretrial diversion is an alternative to traditional prosecution. Instead of going through the full court process, eligible individuals may be allowed to complete certain requirements set by the prosecutor. If those requirements are completed successfully, the criminal charge is typically dismissed.

In Virginia, pretrial diversion programs are usually controlled by the Commonwealth’s Attorney, not the judge. That means approval is discretionary. Even if you technically qualify, the prosecutor does not have to offer diversion.

Diversion programs often focus on rehabilitation rather than punishment. They’re commonly used for first-time or low-level offenses, where the prosecutor believes the person can stay out of trouble without a conviction on their record.

Pretrial Diversion vs Other Virginia Programs

People often confuse pretrial diversion with other outcomes like deferred dispositions or probation. While they may sound similar, pretrial diversion happens before a case is resolved in court and usually before any guilty plea is entered.

Virginia also has certain statutory programs for specific charges, such as first-offense drug possession. These are different from informal diversion programs and follow their own rules. Knowing which option applies — or if more than one might be available — depends on the charge and the jurisdiction.

Who Typically Qualifies for Pretrial Diversion in Virginia

There’s no single checklist that guarantees approval, but prosecutors tend to look at patterns. Some common factors include:

Little to no prior criminal history, especially no prior convictions
Non-violent charges, often misdemeanors
Circumstances of the offense, including whether anyone was harmed
Willingness to take responsibility and comply with conditions

Because diversion decisions are discretionary, presentation matters. What you’re charged with, how the situation happened, and what you’ve done since the charge all come into play.

Charges That Are Often NOT Eligible for Diversion

Not every offense qualifies for pretrial diversion in Virginia. While rules vary by jurisdiction, prosecutors generally do not offer diversion for:

Violent offenses, especially those involving injury or weapons
Serious felonies
Sex-related offenses
Repeat offenses, even if prior cases were dismissed

That said, every case is different. Just because diversion isn’t commonly offered for a charge doesn’t mean it’s impossible — but it does mean it’s more complex.

What Are the Conditions of Pretrial Diversion?

If pretrial diversion is offered, it usually comes with specific requirements that must be completed within a set time period. Common conditions include:

Community service hours
Classes or counseling, such as substance abuse or anger management
Payment of fees or restitution
Staying out of trouble for the duration of the program

These conditions are not optional. Missing deadlines or failing to complete requirements can result in removal from the program and the case going back to court.

Why Pretrial Diversion Can Be a Big Deal

For many people, the biggest benefit of pretrial diversion is avoiding a conviction. That can mean the difference between moving on with your life or dealing with long-term consequences.

Some of the biggest advantages include:

Charges are dismissed after successful completion
No conviction on your record
Better outcomes for jobs, housing, and school applications
Less stress than a drawn-out court case

For first-time offenders, diversion can be a second chance — but only if it’s handled correctly.

What Happens If You Don’t Complete Diversion?

If someone violates the terms of pretrial diversion, the prosecutor can terminate the agreement. When that happens, the original charge is reinstated and the case proceeds like any other criminal case.

That’s why it’s important to understand the conditions up front and speak up early if there’s an issue completing them. In some situations, deadlines can be adjusted or issues addressed before things spiral.

Have Questions About Pretrial Diversion? Call Inch Law

If you’re facing criminal charges in Virginia and wondering whether pretrial diversion could be an option, it’s worth having a conversation sooner rather than later.

Call Inch Law for a free consultation. There’s no cost to call and talk with our team. We’ll listen to what’s going on, explain how pretrial diversion works in Virginia, and talk through what options may make sense for your situation. Every case is different — call us, and together we can discuss what you’re dealing with and what comes next.

Pretrial Diversion in Virginia: Who Qualifies and How It Works