Pretrial diversion is an alternative to prosecution that diverts the defendant from prosecution to a program of supervision administered by the pretrial services officer.
The U.S. attorney identifies candidates for diversion–persons who have not adopted a criminal lifestyle and who are likely to complete the program successfully.
The pretrial services officer investigates the individual, recommends for or against placement, and recommends length of supervision and special conditions.
Diversion is voluntary; the person may opt to stand trial instead. If the person is placed in the program, he or she is supervised by a pretrial services officer. If the person successfully completes supervision, the government declines prosecution and makes no record of the arrest.