“Diversion Program” in Colorado – A Guide to How It Works

Adult diversion in Colorado is a voluntary alternative to criminal prosecution that lets eligible defendants avoid a conviction by completing an agreement with the district attorney. Under C.R.S. § 18-1.3-101, no guilty plea is required. Successful completion means the covered charges are not filed or, if already filed, are dismissed with prejudice.¹

Key Facts about Colorado Adult Diversion:

• Eligibility: The prosecutor decides whether to offer diversion based on the offense, your circumstances, and local program rules.
• Requirements: Your agreement may require counseling, treatment, community service, restitution, and regular check-ins.
• Length: Diversion under the statute ordinarily cannot exceed two years, with a possible additional year for qualifying unpaid restitution.
• Criminal record: Successful completion avoids a conviction for the diverted offense, and eligible records can be sealed through the applicable process.
• Failure to complete: The prosecutor may pursue the criminal case, but you have a right to contest an alleged violation.

We evaluate whether diversion is available, challenge the prosecution’s evidence, and negotiate conditions you can realistically complete. The goal is to protect your record without accepting unnecessary restrictions.

In this article, our Denver criminal defense attorneys address key issues regarding adult diversion in Colorado:

• 1. What is adult diversion?
• 2. What is its purpose?
• 3. Who is eligible?
• 4. Who is excluded?
• 5. How long does it last?
• 6. Is diversion probation?
• 7. What is a diversion agreement?
• 8. What conditions apply?
• 9. What does it cost?
• 10. What happens after completion?
• 11. Can the records be sealed?
• 12. What happens if I fail diversion?
• Frequently Asked Questions
• Additional Reading

1. What is adult diversion?

Adult diversion, also called pretrial diversion or deferred prosecution in Colorado, allows you to resolve an eligible criminal allegation by completing agreed conditions. It can begin before or after charges are filed.

If you successfully complete the agreement, the prosecutor does not file the covered charges or the court dismisses the filed charges with prejudice (meaning they cannot be refiled).

This article explains diversion under C.R.S. § 18-1.3-101. A district attorney accepting state money to create or operate a program under this law must follow it. However, note that subsection (1)(b) also permits independently operated D.A. programs outside this framework.²

2. What is the purpose of diversion?

Diversion is intended to hold Colorado defendants accountable while reducing the lasting consequences of criminal charges and convictions. Its goals include preventing future offenses, addressing harm to victims, helping defendants pay restitution, and reducing criminal court caseloads.

The law also directs programs to consider eligible people with behavioral health disorders and connect them with community treatment.³

3. Who is eligible for adult diversion?

Diversion is discretionary, not an entitlement in Colorado. Being a first-time defendant may help under local policies, but it does not guarantee acceptance. The statute does not impose a blanket first-offender-only rule.

The district attorney considers:

• The alleged offense and surrounding circumstances;
• Your individual circumstances, including behavioral health needs or pregnancy or postpartum status;
• Whether diversion would support your rehabilitation and return to the community; and
• Whether diversion would serve the public interest.

Programs receiving state funding must adopt eligibility policies consistent with the statute. The law authorizes diversion when sufficient admissible evidence exists to support a conviction.⁴

The prosecutor may request information about your criminal history, education, employment, family, and community ties. You must have an opportunity to consult an attorney before consenting to diversion; appointed counsel may be available if you qualify.⁵

4. Who is excluded from diversion?

Under C.R.S. § 18-1.3-101(7), the following allegations bar participation in a diversion program established in a Colorado jurisdiction receiving state money under this statute:

• Sexual assault under C.R.S. § 18-3-402;
• Sexual assault on a child under C.R.S. § 18-3-405;
• A sexual offense against an at-risk adult or at-risk juvenile;
• A sexual offense involving a deadly weapon;
• Enticement of a child under C.R.S. § 18-3-305;
• Sexual exploitation of a child under C.R.S. § 18-6-403;
• Procurement of a child for exploitation under C.R.S. § 18-6-404;
• Sexual assault on a child by a person in a position of trust under C.R.S. § 18-3-405.3; or
• A child prostitution offense under part 4 of article 7 of title 18.⁶

In jurisdictions receiving state money under this law, domestic violence allegations and otherwise eligible sex offenses require additional steps:

• Criminal charges must be filed;
• You must have an opportunity to consult counsel; and
• You must complete the required offense-specific evaluation, including a risk assessment, with an appropriately approved provider or evaluator.

The prosecutor then decides whether diversion is appropriate. These evaluations do not override the exclusions listed above, and local policies may impose additional eligibility limits.⁷

5. How long does adult diversion last?

Under C.R.S. § 18-1.3-101, the initial diversion period cannot exceed two years. Your agreement may set a shorter period.

An extension of up to one additional year is permitted when unpaid restitution is the only unmet condition, the nonpayment results from inability to pay, and you have a future ability to pay.⁸

6. Is diversion the same as probation?

No. Diversion is an alternative to prosecution in Colorado, although the probation department may supervise you. Supervision may instead be provided by a diversion program approved by the district attorney.

Your agreement and supervision plan may require meetings, telephone check-ins, or proof that you are completing treatment and other requirements. Probation department supervision does not itself turn diversion into a criminal conviction.⁹

7. What is a diversion agreement?

A diversion agreement in Colorado is an individualized contract signed by you, your attorney if you have one, and the district attorney. Its conditions must relate to your individual circumstances or be necessary for proper supervision.

The agreement generally includes a written waiver of your speedy-trial right during diversion. When an agreement is reached in a filed case, the court pauses further proceedings. Filing the agreement itself with the court is required if the probation department supervises you.¹⁰

The agreement may include a factual statement written by you and approved by the prosecutor and your attorney, if represented. If prosecution resumes after a violation, that statement is admissible as impeachment evidence—for example, to challenge inconsistent testimony. It is not generally admissible as unrestricted proof that you committed the offense.

Other diversion negotiations, participation information, agreement terms, and treatment statements receive statutory protections against use in the criminal proceedings or at trial, as applicable.¹¹

8. What conditions must I follow?

A statutory diversion agreement in Colorado must prohibit you from committing any new criminal offense. There is no blanket exception for minor traffic matters: some traffic violations are crimes, while others are civil infractions.

Depending on the case, additional conditions may include:

• Substance-use, behavioral health, or offense-specific assessments;
• Counseling, treatment, or educational programs;
• Restitution to compensate a victim;
• Community service or restorative justice activities; and
• Supervision appointments and documentation of compliance.

The diversion statute does not automatically require every participant to surrender firearms. Weapons restrictions may arise from an individualized agreement, a protection order, or another applicable law. Review the actual restrictions in your case before possessing or transferring a weapon.¹²

9. How much does diversion cost?

Your agreement may require restitution, court costs, supervision fees, and treatment or program expenses. Under the statutory framework in Colorado, a diversion supervision fee cannot exceed $50 per month. This is a supervision-fee limit, not a cap on all expenses.

The statute permits charging defendants who have the ability to pay for assessment-directed programs or services. It does not establish a universal sliding-scale rule for every diversion expense or automatically waive restitution because you have limited income.¹³

If cost threatens your ability to complete diversion, document your income and expenses and ask your attorney about payment arrangements or available fee relief before you miss a deadline.

10. What happens when I complete diversion?

Successful completion means the covered charges are not filed or the court dismisses the filed charges with prejudice. Under the statute, successful diversion is not a conviction, and dismissal restores your legal status to what it was before the arrest, citation, or summons.¹⁴

After an order of dismissal, Colorado law protects you from perjury or false statement liability for not acknowledging the arrest, citation, or summons. However, that state law protection does not necessarily override every federal or other jurisdiction’s disclosure requirement: Be sure to have an attorney review any application with specific criminal history questions.¹⁵

For sex offense diversion covered by C.R.S. § 18-1.3-101(6), information about the charges and alleged facts remains available to specified justice agencies, where otherwise permitted by law, for subsequent criminal investigations, prosecutions, assessments, sentencing, and probation or parole supervision.¹⁶

11. Can my diversion records be sealed?

Eligible records can be sealed after successful diversion in Colorado. The procedure depends on whether a criminal case was filed and which sealing provisions apply:

• Filed criminal cases: For eligible cases, the court must order sealing on its own motion after completion under C.R.S. § 24-72-705. If automatic sealing does not occur, you may file a motion in the criminal case without a filing fee.
• Qualifying prefiling D.A. diversion: Under C.R.S. § 18-1.3-101(10)(f), the D.A. seals its diversion record without a court order and notifies the Colorado Bureau of Investigation and relevant law enforcement agency. The listed agencies and provider must treat the records as sealed within 35 days after completion. This procedure excludes offenses listed in C.R.S. § 24-4.1-302(1).
• Other prefiling cases: C.R.S. § 24-72-704 provides a district court petition-to-seal procedure after successful diversion when no charges were filed. Other automatic sealing provisions may also apply.

Sealing restricts public access; it does not destroy the records or eliminate every legally authorized use. Special statutory exclusions and notice requirements may apply, and sealing does not guarantee that every previously published online reference disappears.¹⁷

Our attorneys can help determine the correct process and check whether the court and relevant agencies have completed the necessary steps.

12. What happens if I fail diversion?

If you allegedly violate the Colorado diversion agreement, the supervising entity must give written notice to you, the district attorney, and the court. The prosecutor may initiate revocation by filing charges or notifying the court that prosecution will resume.

You may request a hearing within 14 days after your first court appearance following that filing. At the hearing, the prosecutor must prove a violation by a preponderance of the evidence, meaning more likely than not. The procedural safeguards applicable to probation revocation hearings apply.

• If a violation is proven, or you do not request a hearing, prosecution may continue.
• If the prosecutor does not prove a violation, the court dismisses the criminal case without prejudice and returns you to diversion to finish the agreement.
• If the alleged violation is a pending criminal offense, the court may postpone the diversion hearing until that criminal proceeding concludes.

Revocation does not automatically establish guilt of the original charge. The prosecutor must still obtain a conviction through a plea or trial.¹⁸

Frequently Asked Questions

Do I have to plead guilty to get adult diversion in Colorado?

No. Diversion under C.R.S. § 18-1.3-101 cannot require a plea to a criminal charge. However, an agreement may include a factual statement that can be used to challenge inconsistent testimony if prosecution later resumes.

Before signing, have your attorney review both the conditions and any factual statement. Avoid treating the paperwork as a formality simply because no guilty plea is required.

How is diversion different from a deferred judgment?

Statutory pretrial diversion does not require a guilty plea in Colorado. A deferred judgment under C.R.S. § 18-1.3-102 begins with a guilty plea, which is withdrawn and the charge dismissed after successful completion. Violating a deferred judgment can lead to entry of judgment and sentencing on that plea.

When comparing offers, ask your attorney which procedure the prosecutor is proposing and what happens if you cannot complete it. The distinction can significantly affect your options later.

Can I get diversion if I already have a criminal record?

Possibly. Colorado’s adult diversion statute does not impose a universal first offender-only requirement. Prosecutors set local eligibility policies, and your history, current allegations, and individual circumstances affect the decision.

Do not rule yourself out solely because of an older case. An attorney can review the local requirements and identify information supporting your request.

Will diversion show up on a background check?

Colorado arrest or court records may appear on background checks while you are undergoing diversion. Once diversion is complete, you may be eligible to seal the record (though certain agencies can lawfully access sealed records).

Keep copies of your completion paperwork, dismissal, and any sealing order. If a background report still lists the case, those documents can help you address inaccurate or outdated reporting.

Can domestic violence charges qualify for diversion?

Sometimes, depending on the prosecutor’s policies and the facts. In jurisdictions receiving state diversion funding under C.R.S. § 18-1.3-101, charges must be filed, you must have an opportunity to consult counsel, and you must complete an approved domestic violence evaluation and risk assessment before admission.

Ask your attorney to check the program’s requirements early. Completing an evaluation does not guarantee acceptance, and existing protection orders still need to be followed.

What if I cannot afford restitution before diversion ends?

If unpaid restitution is your only unmet condition, the nonpayment is due to inability to pay, and you have a future ability to pay, Colorado law permits an extension of up to one year. An extension is not automatic, and financial hardship does not itself cancel restitution.

Keep records of payments, income, expenses, and efforts to obtain work. Raise the problem with your attorney before the completion deadline so there is time to address it.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Diversion in the Criminal Justice System – The Review of Economic Studies.
• The Criminal Justice Outcomes of Jail Diversion Programs for Persons With Mental Illness: A Review of the Evidence – International Journal of Forensic Mental Health.
• Can At-Risk Youth Be Diverted From Crime?: A Meta-Analysis of Restorative Diversion Programs – Criminal Justice and Behavior.
• Diversion from the Criminal Process: Informal Discretion, Motivation, and Formalization – Denver Law Journal.
• Measuring the Impact of Pretrial Diversion from the Criminal Justice System – University of Chicago Law Review.

---

Legal References: