Judicial diversion can let a first-time offender in Tennessee walk away without a conviction, but the rules around it are narrow and the stakes are high. At Turnbow Law, we often explain diversion to clients in Wilson, Sumner, and Davidson counties who have heard the term but aren’t sure whether it applies to them. Here are seven things to understand before you ask for it, followed by five Middle Tennessee attorneys you can talk to.
What should you know about judicial diversion in Tennessee?
1. What is judicial diversion?
It’s a form of probation that happens before a conviction is entered. Under Tenn. Code Ann. 40-35-313, you plead guilty or are found guilty, but the judge defers entering a judgment and places you on probation. If you complete it, the charge is dismissed.
2. How is it different from pretrial diversion?
Pretrial diversion, under Tenn. Code Ann. 40-15-105, is an agreement with the district attorney that suspends prosecution before any plea. Judicial diversion comes after a guilty plea or verdict, and the judge decides whether to grant it. Using either one counts against you, because you generally can’t receive diversion more than once.
3. Who qualifies for judicial diversion?
The statute limits it to people charged with a misdemeanor or a Class C, D, or E felony. You also can’t have a prior felony conviction or a prior Class A misdemeanor for which you served jail time, and you can’t have received judicial or pretrial diversion before.
4. Which charges are excluded?
Several are off the table entirely. The statute bars diversion for Class A and B felonies, sexual offenses, and DUI under Tenn. Code Ann. 55-10-401, along with certain other listed offenses. A DUI charge in Tennessee won’t qualify no matter how clean your record is.
5. Do you need a certificate from the TBI?
Yes. Before diversion is granted, the Tennessee Bureau of Investigation must review your record and issue a certificate of eligibility, requested through its online diversion application. Under Tennessee Supreme Court Rule 17A, the district attorney files the diversion order, including that certificate, within 30 days of diversion being granted.
6. Is diversion guaranteed if you qualify?
No. Eligibility only means the judge may consider it, and you carry the burden of showing you’re a good candidate. Tennessee courts weigh factors including your amenability to correction, the circumstances of the offense, your criminal record, your social history, your physical and mental health, the deterrent effect, and whether diversion serves the public interest. Letters from employers, school records, and proof of treatment can help.
7. What happens when probation ends?
If you finish successfully, the charge is dismissed and you can ask the court to expunge the public records. The TBI keeps a confidential record only to confirm you’ve already used diversion. If you violate probation, the judge can enter a judgment of guilt and sentence you as if diversion never happened.
Who can help you pursue judicial diversion in Middle Tennessee?
- Turnbow Law (Chad Turnbow, Esq.)
- Donnavon K. Vasek, Vasek & Robbins
- Law Offices of Chris Reynolds, PLLC
- Russell Edwards, Edwards & Edwards
- Bryna Landers Grant
1. Turnbow Law (Chad Turnbow, Esq.)
Turnbow Law is a Mt. Juliet criminal defense practice led by attorney Chad Turnbow, Esq. The firm represents people facing misdemeanor and felony charges across Middle Tennessee, including Lebanon, Gallatin, Hendersonville, Portland, and Nashville. Its practice covers drug charges, theft and property crimes, assault, domestic violence, DUI, probation violations, and juvenile cases.
For diversion, that can include reviewing whether you’re statutorily eligible, gathering the records a judge will weigh, and explaining how a plea for diversion compares with other options in your case. Every case depends on its own facts, and prior results don’t guarantee a similar outcome.
2. Donnavon K. Vasek, Vasek & Robbins
Donnavon K. Vasek practices with Vasek & Robbins in the Lebanon and Wilson County area.
3. Law Offices of Chris Reynolds, PLLC
The Law Offices of Chris Reynolds, PLLC is a firm in the Mt. Juliet area.
4. Russell Edwards, Edwards & Edwards
Russell Edwards practices with Edwards & Edwards in the Hendersonville area.
5. Bryna Landers Grant
Bryna Landers Grant is an attorney practicing in the Gallatin and Goodlettsville area.
Treat diversion as a one-time chance
Judicial diversion can keep a single mistake from following you for life, but it requires a guilty plea, a clean eligibility check, and months of probation without a slip. Before entering any plea, talk with a criminal defense attorney about whether you qualify, how strong your request is, and what happens if the judge says no.
