Overview Description

Records of qualifying Class D and C felony cases are marked "dismissed-diverted" by the court immediately upon successful completion of pretrial diversion. KRS § 533.258.

Ineligible Category or Citation

None. But see eligibility requirements for the pretrial diversion program at KRS §§ 533.250, 251.

Procedure General

If the defendant successfully completes the provisions of the pretrial diversion agreement, the charges against the defendant shall be listed as “dismissed-diverted.” For the specific procedure, see KRS section 533.250 et seq.

Fees

There is no statutory language regarding fees.

Effect

The "dismissed-diverted" disposition does not constitute a criminal conviction, and the person need not list it on any application for employment, licensure, or otherwise unless required to do so by federal law. Pretrial diversion records shall not be introduced as evidence in any court in a civil, criminal, or other matter without the consent of the defendant. KRS § 533.258.

Waiting Periods

There is no statutory language regarding a waiting period.

(non-prod server)