Louisiana Pretrial Diversion Programs: Who Qualifies and What It Means for Your Record

By Sebastian Uzcategui · Last reviewed: October 2026

Pretrial diversion is the only exit from a Louisiana arrest that never produces a conviction. No guilty plea, no sentence, no conviction entry for a future prosecutor to pull. The catch: no statute gives anyone a right to it. The district attorney decides who gets in, writes the terms, and decides whether you finished. One missed payment or one new arrest, and the original charge goes back on the docket as if diversion never happened.

Diversion Is a Prosecutor’s Program, Not a Defendant’s Right

Louisiana has no single statute that creates a general pretrial diversion program. Each district attorney runs one under the prosecutorial authority the law already grants:

• La. C.Cr.P. Art. 61 gives the district attorney entire charge and control of every prosecution in the district, including whom, when, and how to prosecute.
• La. C.Cr.P. Art. 691 lets the district attorney dismiss a charge in their discretion, which is how a completed diversion usually ends.
• La. R.S. 16:17(E) authorizes the district attorney to assess a reasonable fee from diversion participants.

Because each of Louisiana’s district attorney offices writes its own rules, eligibility in Orleans Parish can look very different from eligibility in Jefferson, St. Tammany, or Caddo. A judge generally cannot order the DA to accept you.

Operational guardrail: Diversion is negotiated, not filed. The request goes to the prosecutor, usually through defense counsel, and the window can close once the case moves toward trial.

How Diversion Differs From a Deferred Sentence

Clients routinely confuse diversion with Louisiana’s deferred-sentence articles. The difference is the guilty plea.

Feature	Pretrial Diversion	Art. 894 (Misdemeanor)	Art. 893 (Felony)
Who controls entry	District attorney	Court, after plea	Court, after plea
Guilty plea required	No	Yes	Yes
Conviction entered	No	Yes, then set aside	Yes, then set aside
Result on success	Charge refused or dismissed	Conviction set aside, prosecution dismissed	Conviction set aside, prosecution dismissed
Expungement route	Art. 976 (non-conviction)	Art. 977	Art. 978
Can still count later	DWI diversion is tracked (R.S. 15:242)	Yes, for DWI enhancement	Yes, as a predicate in some cases

The practical point: under Articles 893 and 894, you plead guilty first and earn the dismissal afterward. Under diversion, you never plead at all. If you fail, you still have every defense you had on the day of arrest.

Who Typically Qualifies

Criteria vary by office, but most Louisiana programs screen for the same factors:

• First-time status: No prior convictions and no prior diversion within the office’s lookback period.
• Offense type: Misdemeanors and lower-level, nonviolent felonies. Crimes of violence under La. R.S. 14:2(B) are generally excluded.
• Victim position: Where there is a victim, restitution and the victim’s input weigh heavily.
• Program track: Most offices run separate criminal, DWI, and traffic tracks with their own rules.

Commercial drivers are a hard exclusion for traffic offenses. Federal regulation 49 C.F.R. § 384.226 prohibits states from masking or diverting a traffic conviction of a CDL or commercial learner’s permit holder, and Louisiana’s CDL disqualification statute, La. R.S. 32:414.2, operates without regard to diversion. If you hold a CDL, a traffic diversion offer may not protect your license.

What a Diversion Agreement Usually Requires

A diversion agreement is a contract with the prosecutor. Read every line. Common terms include:

• Fees: A program fee under R.S. 16:17(E), plus any court or class costs.
• Classes or treatment: Substance abuse education, driver improvement, anger management, or theft awareness, depending on the charge.
• Community service: Fixed hours, verified in writing.
• Restitution: Full repayment to any victim before completion.
• Drug testing and reporting: Scheduled check-ins for the program term, often six months to a year.
• No new arrests: Any new charge is typically grounds for termination.
• Time-limit waivers: Many agreements ask you to waive the deadlines for instituting prosecution and for trial (C.Cr.P. Arts. 572 and 578) so the State can still prosecute if you fail.

Operational guardrail: That waiver is the reason termination is so costly. The State loses nothing by waiting, and you may face the original charge months later with older evidence and faded memories on your side of the case.

The Record Question: What Completion Actually Clears

Successful completion stops the prosecution. It does not erase the arrest.

Expungement is a separate filing. La. C.Cr.P. Art. 976(A)(2) makes the arrest expungeable once the district attorney declines to prosecute because you completed diversion. Until that motion is granted, the arrest can still appear on background checks. Our Louisiana expungement page walks through the filing itself.

DWI diversion leaves a trail that other diversions do not:

• La. R.S. 15:242 requires the prosecutor to keep a record of each person placed in DWI diversion: name, arrest date, and program description.
• La. R.S. 15:578.1 makes that arrest record and the diversion placement a public record once you complete the program or are terminated, and requires the record to be kept for five years from the arrest date.
• La. C.Cr.P. Art. 976(B) then bars expungement of that arrest until five years after the arrest date.

The practical result: a DWI diversion keeps a conviction off your record, but the placement itself is tracked and public, and prosecutors will see it if you are arrested again. Treat DWI diversion as a one-time tool, not a routine outcome. For the longer view, see How Long Does a DWI Stay on Your Record in Louisiana?

A Five-Step Playbook After an Arrest

1. Do not plead at arraignment until you know whether diversion is available. A guilty plea moves you into Article 894 territory and can close the diversion door.
2. Have counsel request a referral early. Some offices screen before charges are filed. Earlier requests generally fare better.
3. Negotiate the terms, not just entry. Class requirements, payment schedules, and program length are sometimes adjustable.
4. Calendar every condition and keep proof. Completion certificates, community service logs, and payment receipts are your evidence if the DA’s file is incomplete.
5. File for expungement once eligible. Completion opens the Art. 976 path. For DWI, mark the five-year date from arrest.

Frequently Asked Questions

Is pretrial diversion available for every first offense in Louisiana?

No. Each district attorney sets eligibility, and most exclude violent offenses. Availability depends on the parish, the charge, and your history.

Do I have to plead guilty to enter diversion?

No. That is the main difference between diversion and a deferred sentence under Article 893 or 894, both of which require a plea.

Does completing diversion clear my record automatically?

No. The charge is not prosecuted, but the arrest remains until you file and obtain an expungement under C.Cr.P. Art. 976.

Can a DWI arrest go through diversion?

Many district attorneys run DWI diversion tracks. The placement is recorded under R.S. 15:242, becomes public on completion, and the arrest cannot be expunged for five years.

What happens if I fail the program?

The district attorney can terminate you and prosecute the original charge, usually with any time-limit waiver you signed still in effect.

If you or someone you know was arrested in Louisiana and wants to know whether diversion is on the table, contact Bloom Legal or call 504-599-9997 before the first court date.

Related: Misdemeanor Charges in New Orleans: What You’re Actually Facing · Bail and Bond in Louisiana: How Pretrial Release Actually Works · DWI Expungement in Louisiana · Misdemeanor Defense

Citation Reference Table

Citation	Caption	Use in Post
La. C.Cr.P. Art. 61	District attorney; powers	DA controls whom and how to prosecute
La. C.Cr.P. Art. 691	Dismissal by district attorney	How a completed diversion usually ends
La. R.S. 16:17(E)	Victims assistance program; creation (diversion fee)	DA authority to charge program fees
La. C.Cr.P. Art. 893	Suspension and deferral of sentence and probation in felony cases	Comparison table
La. C.Cr.P. Art. 894	Suspension or deferral of sentence; probation; misdemeanors	Comparison table
La. C.Cr.P. Arts. 572, 578	Limitation of prosecution; general time limits for trial	Time-limit waivers in agreements
La. R.S. 14:2(B)	Definitions; crime of violence	Common eligibility exclusion
La. R.S. 32:414.2	Commercial motor vehicle drivers; disqualification	CDL holders
49 C.F.R. § 384.226	Prohibition on masking convictions	CDL holders
La. R.S. 15:242	Pretrial diversion for driving while intoxicated; reporting	DWI diversion records
La. R.S. 15:578.1	Pretrial diversion program for DWI; criminal history records	DWI placement becomes public; five-year retention
La. C.Cr.P. Art. 976	Motion to expunge record of arrest that did not result in a conviction	Expungement after diversion; DWI five-year wait
La. C.Cr.P. Arts. 977, 978	Motion to expunge misdemeanor / felony conviction	Comparison table

Arts. 61, 691, 976 and R.S. 15:242, 15:578.1, 16:17(E) verified on legis.la.gov; 49 C.F.R. § 384.226 verified on ecfr.gov; October 26, 2026.

A Note From Bloom Legal

This article provides general information about Louisiana law and is not legal advice. Reading it does not create an attorney-client relationship with Bloom Legal. Pretrial diversion eligibility and terms are set by each Louisiana district attorney’s office and change over time. For advice about a specific arrest or charge, consult a licensed Louisiana attorney.