Minnesota Diversion Programs: Protecting Your Future After a Criminal Charge
When you’re charged with a crime in Minnesota, the biggest question often isn’t, “Am I going to jail?” It’s, “How do I keep this off my record?”
One powerful option is a diversion program—a “second chance” path that focuses on rehabilitation instead of conviction. For many people in Ramsey County and across Minnesota, diversion can mean no conviction, dismissal of the case, and a better shot at expunging the record later.
Attorney Mark D. Kelly helps clients understand their options and fights to get them into diversion whenever it makes sense.
What Is a Diversion Program in Minnesota?
“Pretrial diversion” is a process where the prosecutor agrees to pause or avoid traditional prosecution and instead refer you to a supervised program. If you successfully complete the program:
Your case may be dismissed (post-charge diversion), or
Charges may never be filed (pre-charge diversion).
Minnesota law requires county attorneys to establish pretrial diversion programs, but each county designs its own system with its own eligibility rules, conditions, and supervision.
Diversion programs can exist at several levels:
Felony diversion
Gross misdemeanor and misdemeanor diversion
Juvenile diversion
The goal is the same: reduce future offending, address what led to the charge, and avoid a permanent conviction.
Ramsey County’s Second Chance Diversion Initiative (Felony Diversion)
Ramsey County’s felony diversion option is called the Second Chance Diversion Initiative. It is run collaboratively by:
JusticePoint (case management and supervision)
The Ramsey County Attorney’s Office
The Ramsey County Public Defender, including a dedicated Program Navigator
How the Felony Diversion Process Works
Before a participant is placed on diversion, JusticePoint completes a screening and/or assessment. This helps the team understand:
Your risk level
Your treatment or support needs
Your personal circumstances
Based on that assessment, the diversion team creates an individualized case plan. The plan aims to reduce recidivism and support the participant through targeted services.
Typical Diversion Goals and Conditions
Every participant must remain law-abiding and stay in regular contact with their case manager. Additional conditions may include:
Meeting with the Program Navigator
Completing community service
Paying restitution
Participating in restorative justice activities
Maintaining employment or education
Completing a chemical health assessment and following recommendations
Attending mental health or cognitive skills programming
Most participants have 6 to 12 months to complete their goals. If everything is completed successfully, the case is dismissed in a post-charge diversion, or not charged in a pre-charge diversion.
While You’re on Diversion
While you’re in the program, your case is still considered pending, which means it may still appear on a background check. You must maintain contact with your case manager and follow all conditions in your diversion agreement.
Failure to do so can result in the case returning to the traditional prosecution path.
Misdemeanor and Gross Misdemeanor Diversion in Ramsey County
Ramsey County also offers diversion options for misdemeanor and gross misdemeanor cases. Eligibility for these programs is usually determined by individual city attorney’s offices within the county.
At your first court appearance, you or your attorney can ask whether diversion is available. JusticePoint can also provide information and guidance.
Expungement After Completing Diversion
One of the most valuable aspects of diversion is what it means for your long-term record.
If you complete the program, there is no conviction for the diverted offense.
However, the case itself may still appear on background checks unless and until it is expunged.
Many participants become eligible for expungement one year after completing diversion, provided they remain law-abiding during that time. Ramsey County often assists with the expungement process for eligible cases.
Mark helps clients understand expungement eligibility, prepare documentation, and time the request correctly so they can move forward with fewer barriers.
Who Qualifies for Diversion?
Eligibility is determined by the prosecutor and may vary by county and city. Factors typically considered include:
The seriousness of the offense
Whether this is a first offense
Whether the person is willing to accept responsibility
Whether there was a victim and how they feel about the resolution
The defendant’s treatment needs
The likelihood that diversion will reduce future offenses
Mark evaluates each case individually, advocates for diversion where appropriate, and helps clients understand what will be required before entering a diversion agreement.
What Happens If I Don’t Complete the Diversion Program?
If you fail to:
Maintain contact with your case manager
Complete required programming
Stay law-abiding
the prosecutor may reinstate the traditional criminal case. That usually means picking up right where things left off before diversion, often with less flexibility from the state.
Before signing a diversion contract, it’s important to understand:
What’s expected
How long the program lasts
What the risks are
Mark helps clients prepare so they can complete the program successfully.
Do All Minnesota Counties Offer Diversion Programs?
Minnesota law requires county attorneys to provide some form of pretrial diversion, especially for juveniles, and most counties also offer adult diversion—though the exact programs vary widely.
Counties known to offer diversion include:
Ramsey County – Felony, misdemeanor, and gross misdemeanor diversion
Hennepin County – Adult diversion for certain offenses
Washington County – Adult diversion programs
Olmsted County – Adult diversion through the County Attorney’s Office
Stearns County – Diversion options depending on the offense
Blue Earth County – Diversion for eligible cases
Winona County – Diversion for certain first-time offenders
Many counties statewide – Juvenile diversion programs
In practice, every Minnesota county has some form of diversion available, but the availability and criteria depend on the specific county attorney and the nature of the case.
If your case is outside Ramsey County, Mark can determine:
Whether a diversion program exists for your charge
Whether you qualify
How to approach the prosecutor for admission into the program
How Attorney Mark D. Kelly Can Help
Diversion is an opportunity, but it’s not guaranteed. Mark’s role is to:
Review your charges to see if diversion is realistic
Negotiate with prosecutors to secure diversion when appropriate
Guide you through the process and help you meet your requirements
Assist with the expungement process once you’re eligible
If you’re facing a criminal charge in St. Paul, Ramsey County, or anywhere in Minnesota, Mark can explain your options and help you pursue the outcome that protects your future.