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In Florida, “diversion” programs give eligible individuals a second chance to avoid a criminal conviction by completing certain requirements. While many people have heard about diversion programs run by the State Attorney’s Office, fewer know that some counties, including Charlotte County, also offer law enforcement-run diversion programs.
Both approaches share the same goal: helping first-time or low-level offenders address their mistakes without suffering the lifelong consequences of a criminal record. However, they differ in who offers the program, when it happens, and the impact on your record.
Law Enforcement Diversion: Adult Pre-Arrest Diversion (APAD)
The Adult Pre-Arrest Diversion Program (APAD), such as the one launched by the Charlotte County Sheriff’s Office in 2019, is operated by law enforcement agencies, often in partnership with the local State Attorney’s Office, Public Defender, and Clerk of Court.
Key points:
Before arrest. If you meet the eligibility criteria, the officer can offer APAD instead of making an arrest or issuing a Notice to Appear.
No arrest record. Because this process happens before a formal arrest, qualifying participants can avoid having an arrest record altogether.
Eligibility. Typically limited to adults with no prior record who commit qualifying misdemeanors such as petit theft, possession of marijuana under 20 grams, criminal mischief, trespassing, or breach of peace. Domestic violence-related charges are excluded.
Requirements. Participants must complete obligations such as community service, treatment programs, or restitution, monitored by a program coordinator.
Goal. To prevent minor offenses from following someone for life while ensuring accountability and quick consequences.
Example:
If you’re caught with a small amount of marijuana and have no prior record, an officer in Charlotte County might offer you APAD. You agree to perform community service and attend a drug education class. Once complete, the matter is closed, without an arrest record.
State Attorney’s Office Diversion: Pretrial Intervention (PTI) and Related Programs
Diversion programs run by the State Attorney’s Office, often called Pretrial Intervention (PTI) or Pretrial Diversion (PTD), are offered after you’ve been arrested and charged, but before your case goes to trial.
Key points:
After arrest. You’ll have a case number, court filings, and an arrest record.
Avoids conviction. Successful completion results in the State Attorney’s Office dismissing your charges, but the arrest may still appear on your record unless it is later sealed or expunged.
Eligibility. Often for first-time offenders charged with non-violent crimes, though eligibility varies by circuit and offense.
Requirements. May include community service, counseling, restitution, drug or alcohol treatment, or educational programs. The Department of Corrections (for felonies) or the Sheriff’s Office (for misdemeanors) typically supervises participants.
Examples:
DUI Rehabilitation of Offenders Program (D.R.O.P.) for certain first-time DUI offenders.
Domestic Violence Intervention Program (DVIP).
Bad Check Diversion Program (BCDP).
Juvenile diversion programs for youth offenders.
Example:
If you’re arrested for petit theft and the State Attorney offers PTI, you might be required to complete 50 hours of community service and attend a theft prevention course. Once complete, the charge is dismissed, but you’ll need to petition to seal or expunge your arrest record.
Main Differences at a Glance
| Feature | Law Enforcement Diversion (APAD) | State Attorney’s Office Diversion (PTI/PTD) |
|---|---|---|
| Timing | Before arrest | After arrest, before trial |
| Who Runs It | Law enforcement agency (Sheriff, Police) | State Attorney’s Office |
| Record Impact | No arrest record if completed successfully | Arrest record remains unless sealed/expunged |
| Eligibility | Strict: first-time offenders, qualifying misdemeanors | Broader: first-time offenders, non-violent crimes |
| Supervision | Law enforcement program coordinator | Department of Corrections or local probation office |
| Goal | Prevent arrest records and court involvement | Avoid conviction, reduce recidivism |
Why the Difference Matters
The biggest difference comes down to timing and record impact:
APAD offers the cleanest outcome because the arrest never happens.
State Attorney’s diversion still helps you avoid a conviction, but the arrest record remains unless you take steps to seal or expunge it.
In both cases, failure to complete the program means your case will proceed in the criminal justice system with all original charges reinstated.
Sealing and Expunging Records in Florida
Even if you successfully complete a State Attorney’s diversion program and your charges are dismissed, the arrest record does not automatically disappear. In Florida, criminal history records are public unless sealed or expunged.
Sealing hides the record from public view, though certain government agencies may still access it.
Expungement destroys the record, with limited law enforcement exceptions.
Why it matters:
Arrest records can appear on background checks for jobs, housing, loans, and professional licenses, even if the case was dropped.
Sealing or expunging your record ensures a truly fresh start.
Eligibility depends on:
The nature of the charge.
How the case was resolved.
Your prior criminal history.
Bottom Line
Whether you’re offered a law enforcement diversion program or a State Attorney’s diversion program in Florida, understanding the differences and your legal options afterward is essential. Both programs can help you avoid a criminal conviction, but the long-term consequences for your record vary.
Contact Us Today
If you’ve been offered a diversion program or want to know if you qualify, speak with an experienced Florida criminal defense lawyer at Bogle Law. We will review your case, explain your options, and guide you through every step, whether it’s entering a diversion program or sealing/expunging your record.
