Connecticut’s diversion programs let eligible defendants avoid a conviction by completing court-ordered conditions instead of going through a traditional prosecution. Finish the program and your charges are dismissed; the related police, court, and prosecutor records are then erased under state law. Connecticut offers five main programs, each aimed at a different type of case, with its own eligibility rules, fees, and requirements.
The Five Programs and What They Cover
Accelerated Rehabilitation
Accelerated Rehabilitation is the broadest option. It covers a wide range of criminal and motor vehicle charges the court considers “not of a serious nature.” The judge places you on supervision for up to two years and sets conditions tailored to your case: community service, counseling, restitution, or other rehabilitative steps. Complete every condition and stay out of trouble, and the court dismisses the charges.
The program excludes Class A felonies, most Class B felonies, DUI under Section 14-227a, sexual assault offenses, and certain crimes against children. The full list is in the statute.
It’s primarily for defendants with no prior convictions. The statute allows a second use if at least ten years have passed since the first dismissal and the new charge is a misdemeanor. Veterans can use it up to three times. No one gets more.
Fees: $35 application fee and, if granted, a $100 participation fee. If the court orders you into a hate crimes diversion component as part of the program, the participation fee rises to $425. The court can waive fees for financial hardship.
Pretrial Drug Education and Community Service Program
This program is for people charged with drug possession offenses under Sections 21a-257, 21a-267, 21a-279, or 21a-279a. It combines a fifteen-session drug education component, a substance abuse treatment component of at least fifteen sessions, and community service. Court Support Services evaluates each participant and decides whether education or a more intensive treatment track fits.
Anyone who has already participated twice in this program or the former community service labor program is barred, though the court can grant a third chance for good cause.
Fees: $100 application fee, a $150 nonrefundable evaluation fee, and a $250 nonrefundable program fee. If the court orders additional treatment beyond the standard program, you pay the provider directly. Completion results in dismissal.
Pretrial Alcohol Education Program
This is Connecticut’s diversion route for DUI charges under Section 14-227a and related operating-under-the-influence offenses. You’re ineligible if you’ve used the program within the preceding ten years or if you have a prior DUI conviction. If a victim suffered serious physical injuries, the court must give that victim a chance to be heard before granting the application.
Fees: $100 application fee, $100 nonrefundable evaluation fee, and a program fee that depends on the assigned track — $350 for ten sessions or $500 for fifteen. If the court orders a full substance abuse treatment program instead, you pay the provider directly. Fees can be reduced or waived for those who can’t afford them.
Family Violence Education Program
For family violence charges. You qualify only if you have no prior family violence conviction after October 1, 1986, no previous participation in this program, and no prior use of Accelerated Rehabilitation for a family violence offense. Class A, B, and C felony charges are generally disqualifying; Class D felonies leave the court some discretion.
The court places you in the custody of the family violence intervention unit for up to two years. You attend classes on family violence law and prevention, and the court can add conditions such as a protective order.
Fees: a $100 nonrefundable application fee and a $300 program fee at entry, waived for defendants who are indigent or unable to pay. Completion results in dismissal.
Supervised Diversionary Program
Two groups qualify: defendants with a psychiatric disability and veterans with a treatable mental health condition. A psychiatric disability under the statute means a mental or emotional condition, other than solely substance abuse, that substantially interferes with your ability to function and requires care and treatment. For veterans, the court must find a mental health condition amenable to treatment.
Like Accelerated Rehabilitation, the charge must be one the court considers not serious in nature. Participants receive mental health treatment and supervision, with status hearings to track progress. Completion leads to dismissal.
How to Apply
You file a written application with the court clerk, usually through your attorney, using the form and fee schedule for the specific program. You state under oath that you meet the program’s eligibility requirements.
The court then schedules a hearing. The judge reviews your application and considers any objection from the prosecutor. Some programs require a state’s attorney recommendation before the court can grant the application. In family violence cases, the intervention unit provides a report and recommendations. In alcohol and drug program cases, the court seals the file from public view once you apply. Where there’s a victim who suffered serious physical injuries, that victim gets an opportunity to speak before the court rules.
Beyond the statutory criteria, the judge weighs whether you’re likely to reoffend and whether diversion serves public safety. If approved, you receive specific conditions and a timeline, and the court may set periodic status hearings to check your compliance.
What Happens If You Don’t Finish
Missed sessions, a failed drug test, skipped community service, or a new arrest gets reported to the court by the supervising agency. The court then holds a hearing where you can explain. Judges sometimes show flexibility for a documented medical emergency or genuine financial hardship. Repeated or serious violations usually lead to termination.
If you’re removed, your original charges are reinstated and the case proceeds as if the diversion never happened. For programs that cap repeat use, a failed attempt still counts against your lifetime limit. The Drug Education and Community Service Program, for example, counts a failed attempt toward the two-use limit (or three, with a good-cause finding).
What Dismissal Does to Your Record
When you complete a program and the court dismisses the charges, Connecticut law requires automatic erasure of the related police, court, and prosecutor records. Under Section 54-142a, erasure follows dismissal once the time to appeal expires. You don’t file a separate petition.
This is different from a nolle, where charges are dropped but not formally dismissed. Nolled charges are erased only after thirteen months. Diversion completions produce a dismissal, which means faster erasure.
Once records are erased, you are not required to disclose the arrest or the charges on job, housing, or similar applications. In practice, there can be a lag between the dismissal and full erasure across databases, and the arrest may still surface in some background check systems during that window. Connecticut law provides a basis to challenge continued reporting of erased records by private background check companies.
Two Situations Where Diversion Won’t Do What You Expect
If You’re Not a U.S. Citizen
Federal immigration law defines “conviction” on its own terms. Under 8 U.S.C. § 1101(a)(48)(A), a conviction exists for immigration purposes when a person enters a guilty plea or admits enough facts to support a finding of guilt and the judge orders any form of punishment or restraint on liberty, even if the state later dismisses the charges.
Connecticut’s diversion programs generally do not require a guilty plea or an admission of guilt as a precondition. The court invokes the program on the defendant’s motion before any plea. USCIS policy guidance indicates that a pretrial diversion where “no admission or finding of guilt is required” may not count as a conviction for immigration purposes.
The details still matter. Any factual admission in court during the diversion process, or conditions federal authorities view as punishment, can shift the analysis. Even after Connecticut erases your records, federal databases may retain information about the arrest. USCIS policy is clear that a dismissal based on completing a rehabilitative program, rather than on the merits, does not undo a conviction that already existed. Anyone who is not a citizen should consult an immigration attorney before entering a diversion program.
If You Hold a CDL
Federal law blocks commercial driver’s license holders from using diversion to keep traffic violations off their driving record. Under 49 C.F.R. § 384.226, states cannot mask, defer judgment, or allow diversion that would prevent a CDL holder’s conviction for a traffic offense from appearing on the driver’s record. It applies to violations in any vehicle, not just commercial trucks.
So even if you qualify for Accelerated Rehabilitation or another program on a traffic-related charge, the conviction will still appear on your commercial driving record regardless of how the state court resolves the criminal case. If your livelihood depends on your CDL, diversion will not protect your commercial record from traffic violations.