There is no single conviction outcome for every federal program called “diversion.” Before accepting an offer, check its district, program, track and written plea terms. The current U.S. Department of Justice pretrial-diversion policy says successful completion may lead to charges being declined, dismissed or reduced, or to a more favorable sentencing recommendation. A promised opportunity to participate is not the same thing as a promised dismissal.
This distinction is especially important for someone charged in the Central District of California. Its Conviction and Sentence Alternatives (CASA) program requires admitted participants to enter a program-specific guilty plea. Successful completion has two different tracks: Track 1 dismisses the charges, while Track 2 retains the conviction and provides a probation-only sentence. The program says the track is determined when the person is admitted. Do not sign a plea assuming that all CASA participants receive Track 1.
Read the program name and disposition, not just “diversion”
| What the papers identify | What successful completion can mean | What to check before agreeing |
|---|---|---|
| A prosecutor-run federal pretrial-diversion agreement | The written district program may provide for a decision not to charge, dismissal, reduction, or another outcome. DOJ policy expressly permits a range of results. (Justice Manual § 9-22.010) | Does the agreement require a plea? Have charges already been filed? What does it say the prosecutor and court will do after completion? |
| Central District of California CASA Track 1 | After an initial program-specific guilty plea and successful completion, the charges are dismissed. (CDCA CASA FAQ) | Confirm Track 1 is written into the actual CASA agreement. Ask how the plea, completion and dismissal will appear in the final court record. |
| Central District of California CASA Track 2 | After an initial guilty plea and successful completion, the conviction remains, with a probation-only sentence. (CDCA CASA FAQ) | Confirm the retained-conviction consequence and the conditions of the proposed probation sentence before the plea. |
Other districts may use different program names and tracks. For example, the Northern District of California court describes U.S. Attorney deferred prosecution that typically leads to dismissal after successful completion and separate post-plea conviction-alternative tracks that may lead to dismissal or a noncustodial sentence. That court’s description does not set the terms of a Central District offer. The actual written agreement and later court orders matter more than the label on a general website.
What if the program is not completed?
DOJ policy says an unsuccessful pretrial-diversion participant may be charged or returned to ordinary criminal processing. The Central District CASA FAQ says a participant terminated from CASA proceeds to sentencing on the federal charges to which they pleaded guilty. These are different procedural positions. Review the failure clause before the plea or diversion agreement, including what happens if a condition is disputed and what process the actual papers provide. (Justice Manual § 9-22.010; CDCA CASA FAQ)
Neither being considered for a program nor completing an application guarantees admission or a particular outcome. The Justice Manual’s selection policy leaves substantial discretion and restrictions with prosecutors; district programs have their own requirements. A dismissed federal charge also does not automatically answer a separate immigration, licensing or background-check question. Those consequences require the exact plea, conditions and final disposition to be evaluated for that separate purpose.
If you have a federal diversion or CASA proposal, give counsel the charging document, application decision, proposed agreement and plea, stated track, program conditions and any deadline before signing. Ask what successful completion and termination would each put in the court record. The Law Offices of David S. Chesley can review those papers with you. Call (800) 755-5174.