Pretrial Diversion in Texas: Eligibility, Process & Dismissal Explained

For many first-time defendants, the goal isn’t winning at trial—it’s keeping the case off your record entirely.

Pretrial diversion can make that possible. When handled correctly, the case is dismissed, and the arrest can later be expunged. But it’s not automatic. Deadlines are short, eligibility varies by county, and one missed step can take that option off the table.

These decisions happen early—and they shape everything that follows.

At the Law Offices of Richard C. McConathy, we help clients across Dallas–Fort Worth determine whether pretrial diversion is the right strategy and move quickly to secure it when it is. It’s a critical part of the Texas Criminal Process, where timing and execution matter.

This guide explains how pretrial diversion works, who qualifies, and how to protect your record from the start.

What Is Pretrial Diversion?

Pretrial diversion (sometimes called pretrial intervention or PTI) is a program offered by district attorneys’ offices that allows eligible defendants to complete a set of conditions in exchange for a dismissal of their criminal case. After successful completion, the case is dismissed, and the defendant can usually pursue expunction.

A diversion agreement typically includes:

• A signed contract between the defendant and the district attorney’s office
• An admission of responsibility for the offense
• Supervision by a probation or pretrial officer
• Required classes, counseling, or treatment programs
• Community service hours
• Drug or alcohol testing
• Payment of program fees and restitution
• A defined supervision period, usually 6 to 24 months

If all conditions are met, the prosecutor dismisses the case. If the defendant fails the program, the case is reactivated and proceeds toward trial or plea.

Pretrial Diversion vs. Deferred Adjudication

Pretrial diversion and deferred adjudication are often confused. They are not the same.

• Pretrial diversion results in a dismissal. After dismissal, the defendant may pursue expunction, which removes the arrest and case from public records.
• Deferred adjudication is a plea in court that results in a dismissal only if the defendant completes probation. The dismissal can later be sealed by an order of non-disclosure, but the record is not erased.

Pretrial diversion is the better outcome when available because it allows full expunction.

Who Is Eligible for Pretrial Diversion in Texas?

Each Texas county sets its own eligibility rules. There is no statewide statute defining the program. Most counties have written eligibility criteria that look something like this.

Common Eligibility Factors

• First-time offenders. Almost every program requires a clean criminal record. A prior arrest, even a dismissed one, can disqualify a candidate.
• Non-violent offenses. Most programs exclude violent crimes, sex crimes, and offenses against children.
• Acceptance of responsibility. Diversion agreements usually require an admission of guilt or stipulation to the facts.
• Age and life circumstances. Some programs prioritize young defendants, students, veterans, or individuals with mental health or substance abuse issues.
• Cooperation with the investigation. Programs may require defendants to cooperate with prosecutors, victims, or witnesses.

Common Disqualifying Offenses

Most counties exclude:

• Crimes involving a deadly weapon
• Sex offenses, including indecency and improper relationship cases
• Family violence offenses
• Crimes against children
• Aggravated felonies
• Repeat offenses
• Cases involving serious bodily injury

DWI cases were historically excluded from most diversion programs in Texas, but a number of counties (including Dallas and Travis) have introduced specialized DWI diversion programs in recent years.

Specialized Diversion Programs

Beyond the general first-offender program, many North Texas counties offer specialized programs targeting specific case types:

• Drug court for first-time drug possession cases
• Mental health diversion for defendants with documented diagnoses
• Veterans court for current and former military members
• DWI diversion programs in some counties for first-time DWI defendants
• Family violence diversion in limited circumstances

Each program has its own application process and requirements.

How Pretrial Diversion Works in Dallas County

Dallas County operates a Pretrial Diversion Program through the District Attorney’s Office. The general process includes:

• Referral window. Referrals must be submitted either pre-indictment or within 120 days of indictment. Missing this window typically forecloses the option.
• Eligibility screening. The Assistant District Attorney assigned to the case reviews the defendant’s record and the facts.
• Agreement. If accepted, the defendant signs a written agreement and acknowledges responsibility.
• Conditions and fees. The defendant completes required classes, treatment, community service, and payment terms.
• Supervision. A probation officer monitors compliance.
• Dismissal. Upon successful completion, the prosecutor moves to dismiss the case.
• Expunction. Once dismissed, the defendant becomes eligible to file for expunction under Article 55 of the Texas Code of Criminal Procedure.

Dallas County also operates specialty diversion programs, including one focused on first-time DWI offenders that can lead to dismissal and expunction.

How Diversion Works in Tarrant, Collin, and Denton Counties

Each surrounding county has its own program with similar but not identical features.

Tarrant County

Tarrant County’s Direct Diversion Program targets first-time, non-violent misdemeanor offenders. The county also offers Felony Drug Court and Mental Health Diversion programs. The application window is short, and prosecutorial discretion controls eligibility.

Collin County

Collin County offers a structured pretrial diversion program for first-time defendants. The DA’s office reviews each application carefully, and acceptance often requires acknowledgment of responsibility, completion of program conditions, and payment of fees.

Denton County

Denton County operates a pretrial diversion program for misdemeanor and select felony offenses. Eligibility, conditions, and timelines vary by case type and prosecutorial discretion.

The takeaway: county-specific programs require county-specific knowledge. Our attorneys handle cases in all of these jurisdictions and know how the local prosecutors evaluate diversion candidates.

What the Process Looks Like Step by Step

A typical pretrial diversion case follows this path within the Texas Criminal Process:

• Arrest and bond. The defendant is arrested or cited and posts bond.
• Defense investigation. Counsel reviews the police report, evidence, and the defendant’s background.
• Application. Counsel files an application or referral with the prosecutor’s diversion unit.
• Eligibility decision. The prosecutor accepts, denies, or requests more information.
• Agreement and conditions. The defendant signs a contract and begins supervision.
• Compliance period. The defendant completes all required tasks during the supervision window.
• Final review. The prosecutor confirms compliance and moves to dismiss.
• Dismissal. The court enters a dismissal order.
• Expunction. The defendant petitions for expunction once eligible.

Each step has deadlines. Missing a deadline can mean losing the program.

What Diversion Costs

Pretrial diversion is generally less expensive than trial, but it still has costs.

• Program fees typically range from a few hundred to a few thousand dollars depending on the county and case type.
• Class and counseling fees for required programming.
• Drug testing fees for substance-related cases.
• Supervision fees in some counties.
• Restitution in cases involving financial loss to a victim.

Some programs offer fee waivers or reductions for indigent defendants. Our attorneys advocate for waivers where appropriate.

Common Reasons Pretrial Diversion Is Denied

Even eligible candidates can be denied. Common reasons include:

• Late application. Missing the referral window in Dallas County (120 days post-indictment) or similar windows elsewhere.
• Disqualifying prior offense. Even an arrest with no conviction can disqualify a candidate.
• Pending charges. Active cases in other counties can cause denial.
• Victim opposition. In cases with named victims, the prosecutor may consider the victim’s position.
• Failure to admit responsibility. Programs require acknowledgment of facts.
• Risk assessment scores. Some counties use risk tools that affect placement.
• Probation violations elsewhere. Active or recent probation can cause denial.

When denied, our attorneys evaluate whether to pursue an appeal, push for reconsideration, or shift to a deferred adjudication strategy.

What Happens If You Fail the Program

A defendant who fails to complete the program has the case reactivated. The State can then proceed to plea or trial, often using the original written admission of guilt as evidence. This is one reason hiring counsel before signing a diversion agreement matters.

Common reasons for program failure include:

• New arrests during the supervision period
• Failed drug or alcohol tests
• Missed appointments with supervising officers
• Failure to complete required classes
• Failure to pay required fees on time

Our attorneys help clients respond to alleged violations, request continuances, and avoid termination from the program when possible.

Why Pretrial Diversion Matters Long Term

The most important benefit of diversion is the ability to expunge the case. After expunction, the defendant can lawfully say they were not arrested or charged for the offense in most contexts.

Long-term benefits include:

• A clean criminal record on most background checks
• Eligibility for jobs, licenses, and housing that might otherwise be denied
• Ability to deny the arrest on most employment applications
• Protection of professional reputation and immigration status
• Avoidance of the collateral consequences that follow a conviction or deferred adjudication

For first-time defendants, diversion can be the difference between a single mistake and a lifelong record.

Why Choose the Law Offices of Richard C. McConathy

Pretrial diversion is more than paperwork. It requires a defense attorney who knows the local prosecutor’s office, the application process, the documentation that supports a strong referral, and the local rules that govern program participation.

With more than 35 years of criminal defense experience and over 6,000 cases handled, our attorneys regularly secure pretrial diversion outcomes for first-time defendants in Dallas, Tarrant, Collin, Denton, and surrounding counties. We prepare every diversion application as if it could be denied, because we know how thin the margin can be.

If you are facing a first-time criminal charge in North Texas and want to know whether pretrial diversion is an option, contact our Criminal Defense Lawyer Dallas now. 

Frequently Asked Questions

Is pretrial diversion the same as probation?

No. Probation follows a guilty plea or finding of guilt. Pretrial diversion happens before any plea is entered and ends in dismissal if successful. Diversion is generally the better outcome because it allows expunction.

Can a felony case be resolved with pretrial diversion?

Sometimes. Many counties offer diversion for low-level, non-violent felonies and for specialty programs (drug court, mental health court, veterans court). Acceptance depends on the offense, the defendant’s record, and the prosecutor’s discretion.

How long does the program last?

Most general pretrial diversion programs last 6 to 24 months. Drug court and mental health diversion programs often run longer. Specialty DWI diversion programs in some counties run 12 months or more.

How soon after dismissal can I apply for expunction?

Eligibility starts after the case is dismissed and the statutory waiting period under Article 55 of the Code of Criminal Procedure has passed. The waiting period varies by offense level. Our attorneys handle the petition and represent clients at the expunction hearing.

Do I have to plead guilty to enter the program?

Most programs require an admission of responsibility, but they do not require a guilty plea entered in court. The admission usually takes the form of a written stipulation or signed agreement. If you fail the program, that document can become evidence.

What if I have a prior arrest that was dismissed?

A prior arrest can affect eligibility even if there was no conviction. Some counties consider only convictions, while others consider any prior arrest. Our attorneys review the record carefully before applying.