Judicial Diversion in Tennessee

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My name is Jeff Lee, and I would like to talk to you about judicial diversion.

Judicial Diversion is a program for first-time offenders, and it provides two benefits: 1) You will receive no jail time, and 2) after you have successfully completed the probation period, all the records of the offense will be destroyed.

A person is eligible for a diversion if they don’t have any class A misdemeanors, no felonies, never received a diversion before, and they’ve never had their record expunged before.

An offense is eligible for diversion unless it is a class A felony, a class B felony, a sexual offense, or a DUI.

As an example, if you are charged with second degree murder or aggravated robbery, those kinds of offenses are NOT eligible for diversion. However, some serious offenses are still eligible for diversion. As an example, aggravated burglary (breaking into someone’s home), aggravated assault (stabbing someone), you can still receive a diversion on those offenses. All the way down to stealing a candy bar, which would be theft under $500. Anything in that range is an eligible offence.

Now, let’s say that you were charged with simple possession of marijuana. You are eligible for diversion. You would go to the court where you were charged, you would enter a guilty plea, and you would receive a probation period of 11 months, 29 days. You would go straight to probation, meaning no jail time, and at the end of that 11/29, you would return to the court, asking the judge for an order expunging your record.

That means the judge would issue an order saying that all records of this offense would be completely destroyed.

If you’re not sure whether you are eligible for a diversion, or the offense you are seeking a diversion on is an eligible offense, then give me a call, and we’ll figure it out together. I hope this was a helpful video, and I wish you the best of luck. Thank you.