Nashville Criminal Defense Lawyer | Diversion for College Students
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
Diversion Can Be Especially Important for a College Student
For an eligible Nashville college student, a diversion resolution can create a path to completing court requirements without ending the case with an ordinary judgment of conviction. That can be especially valuable when the student is concerned about employment, graduate school, professional licensing, internships, or background checks.
Tennessee has more than one type of diversion, and the procedures should not be confused.
What Is Judicial Diversion?
Judicial diversion generally allows an eligible defendant to plead guilty or be found guilty while the court defers entering a judgment of conviction. The defendant completes a probationary period and court-ordered conditions.
If diversion is successfully completed, the proceedings can be dismissed and the defendant may be eligible to seek expungement under Tennessee law.
What Is Pretrial Diversion?
Pretrial diversion is a different process involving an agreement with the prosecution before conviction. Prosecution is suspended while the defendant completes agreed conditions.
Successful completion can result in dismissal. Availability depends on statutory eligibility and the prosecutor's agreement.
Does Having No Prior Record Guarantee Diversion?
No. A clean record can help, but it does not automatically make every charge eligible or require the prosecutor or judge to grant diversion.
The exact offense, prior history, prior diversion use, statutory exclusions, circumstances of the case, and other factors must be reviewed.
What Types of Student Cases Might Raise Diversion Questions?
Drug-possession allegations
Theft charges
Certain assault cases
Alcohol-related offenses
Property offenses
Other eligible misdemeanor or felony charges
Some offenses are excluded from diversion. The exact statute and charge should be checked before assuming an option exists.
What Can Strengthen a Student's Diversion Request?
A student can often present mitigation showing why the conduct is unlikely to recur and why a non-conviction resolution serves rehabilitation and public safety.
Useful mitigation can include academic performance, employment, treatment or counseling, community involvement, character references, restitution where appropriate, lack of prior record, and evidence of positive steps taken after the arrest.
Will the University Find Out About Diversion?
University disciplinary and criminal-court processes are separate. Whether the school receives information about the arrest or disposition depends on the circumstances and applicable policies.
A diversion resolution can still be materially different from a conviction for future background-check purposes, particularly if the case is ultimately dismissed and legally expunged.
What Happens If the Student Violates Diversion?
Violating diversion conditions can jeopardize the benefit of the agreement or deferred judgment. Depending on the type of diversion, prosecution can resume or the court can enter a conviction and proceed with sentencing.
Students should treat reporting, testing, treatment, restitution, no-contact conditions, and all other requirements seriously.
Should a Student Take Diversion If It Is Offered?
Not automatically. Diversion can be an excellent result, but a defendant should still evaluate the strength of the State's evidence, available defenses, conditions, duration, and consequences of a violation.
If the evidence supports dismissal or a strong trial defense, accepting diversion may not always be the only reasonable strategy.
Talk With a Nashville Criminal Defense Lawyer
Kevin Kennedy is a former Davidson County prosecutor who now represents college students and other defendants charged with crimes in Nashville and throughout Middle Tennessee. Kevin Kennedy Law Firm can evaluate diversion eligibility and whether diversion is the right strategy for the case.
Call Kevin Kennedy Law Firm at (615) 205-7311 to discuss the case.