Pre-Charge Diversion

What is Pre-Charge Diversion?

Pre-Charge Diversion lets people who have little to no criminal history, admit their guilt to a felony and possibly avoid the record of a felony charge and conviction. Instead of going to court, they attend an in-person event, ask questions, and weigh their options in participating.

Should they choose to participate they admit guilt, sign a diversion contract, and follow the conditions in that contract to keep the felony charge and possible conviction off their record.

Why do Pre-Charge Diversion?

Meeting the terms of the contract and successfully completing the Pre-Charge Diversion program means that participants will not be charged with the offense. The Pre-Charge Diversion program helps individuals avoid having a felony charge on their record, improving their future opportunities in getting jobs, loans, housing, licenses, permits, and more.

Who is eligible for Pre-Charge Diversion?

Individuals are eligible for Pre-Charge Diversion if:

  • They admit guilt and acknowledge responsibility for their actions
  • Demonstrate a willingness to make restitution. Cases that involve restitution are subjected to a $10,000 dollar limitation
  • Has no pending felony charges
  • Has no prior felony convictions
  • Has no prior felony adult diversions or felony adult stays of adjudication
  • If they are currently participating in pre-charge diversion for a 5th degree drug offense OR has successfully completed pre-charge diversion for a 5th degree drug offense AND the new offense is also a 5th degree drug offense
  • If the individual's gross misdemeanor and misdemeanor conviction history does not assign the offender a criminal history point under the Minnesota Sentencing Guidelines
  • If the individual has no prior juvenile felony adjudication within the previous 7 years which occurred while the offender was between ages 14 and 18, except for a 5th degree drug offense
  • The offender was not in a position of trust in relation to the case victim when the offense was committed (i.e. caretaker or employment relationship)

Attend the Quarterly Pre-Charge Diversion Event

If you received a letter inviting you to participate in this quarter's Pre-Trial Diversion Event email rs-attorney@anokacountymn.gov with the subject line "Pre-Charge Diversion"

Where? 

Bunker Hills Activity Center 550 Bunker Lake Blvd NW, Andover, MN 55304

When?

April 17, 2026 from 8:30AM - 2:30PM

How to participate in Pre-Charge Diversion?

Admission into any diversion program rests within the discretion of the prosecutor.

Factors which may be considered by the prosecutor in making the recommendation for Diversion may include the following: 

  • The nature and circumstances of the offense and the sanction or punishment to be imposed if a person is convicted
  • The probability of the conviction
  • The characteristics of the offender
  • The willingness of offender to cooperate and succeed in diversion
  • The interests of the victim
  • The recommendations of law enforcement
  • The age of the offense
  • Undue hardship on the offender
  • Undue hardship upon or reluctance of witnesses to testify
  • Any mitigating or aggravating circumstances.

To receive pre-charge diversion, the charging attorney conducts a screening to verify that the offender is facing a pre-charge eligible offense and determine if, based on the offender's criminal history, if they would be eligible for pre-charge diversion.

Should the individual meeting the criteria for Pre-Charge Diversion:

  1. The individual will be sent a letter with details inviting them to appear at the next quarterly Pre-Charge Diversion off-site meeting. Enclosed will also be a brochure with more information verifying the credibility of the program
  2. The letter will inform the individual that should they choose to not participate in Pre-Charge Diversion that they will be issued criminal charges.
  3. At the quarterly Pre-charge Diversion meeting, the individual will have access to legal counsel and must confer with a public defender/defense attorney who will be present at the off-site meeting.
  4. Should they choose to participate in the Pre-Charge Diversion they must sign a written waiver of their constitutional and speedy trial rights. They will also provide a verbal factual basis admitting to the elements of the offense being diverted.
  5. The individual must agree to participate in the Anoka County Corrections Diversion Program and pay all fees associated with the program.
  6. The individual must sign an Anoka County Corrections Diversion Program Agreement that specifies the terms and conditions that must be followed during the diversion program.
    1. The agreement will specify a time period within the individual must complete the diversion agreement. 1 year for misdemeanors and gross misdemeanors and up to 3 years for a felony.
  7. Upon successful completion of the diversion program by the individual, Anoka County Corrections will notify the Anoka County Attorney's Office and no criminal charges will be issued. The individual will receive a certified completion document from the County Attorney's Office.