A misdemeanor conviction in Nevada is punishable by harsh criminal penalties, including fines and even a jail sentence. If seeking a not-guilty verdict appears to be unattainable, it is still possible to avoid conviction by entering “pre-prosecution diversion.”

Pre-prosecution diversion enables eligible defendants to complete several conditions (e.g., rehabilitation, educational courses, etc.) in exchange for the court to dismiss their misdemeanor charge, which means there will be no conviction on their criminal record. You do not have to enter a plea – like a plea agreement – prior to entering the program.

A diversion program generally includes one or more of the following services:

1. Counseling

1. Rehabilitation

2. Educational classes

3. Anger management therapy

4. Support groups

5. Mental illness programs

1. Veterans programs

2. Community service

3. Restitution

Defendants facing any misdemeanor other than DUI, vehicular manslaughter, a minor traffic offense, or any offense involving force or violence – or the threat of force or violence – against another person or property are eligible for pre-prosecution diversion in Nevada. If you were previously convicted of a misdemeanor/felony (other than a minor traffic offense) or previously completed diversion, you will not qualify for diversion.

As we mentioned earlier, successful completion of a diversion program will result in the dismissal of your case and sealing of all records related to your case. On the other hand, failure to complete the program will lead to an arraignment and your case will proceed as if you never entered diversion.