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A diversion program may be offered to first-time non-violent offenders. The diversion program, available to some first-time non-violent offenders, not charged with drug related offenses, provides the opportunity for people to avoid a criminal conviction and have their record sealed. Each case is handled individually and the defendant, as appropriate, may be required to do community service, get mental health/drug treatment, or take a theft prevention class.
If approved for the program, the defendant will enter a guilty plea and waive his or her speedy trial rights. The defendant must comply with all of the conditions of the program set by the Hamilton County Prosecutor’s Office. If the defendant successfully completes the program, the guilty plea will be withdrawn and the charge dismissed and sealed. If the defendant fails to comply with the terms of the program, the case will be transferred back to the original docket and the guilty plea will be accepted and the defendant convicted of the charge.