Pretrial Diversion in Kentucky: Who Qualifies
Pretrial diversion in Kentucky is available for a Class D felony charge, once every five years, and only if you have no felony conviction in the ten years before the offense. Complete it and the charge is dismissed rather than reduced, which is the whole point: there is no conviction at the end of it.
Checked against the current statute on .
The eligibility rules
| Requirement | Detail |
|---|---|
| Charge grade | Class D felony |
| Prior felonies | No felony conviction in the 10 years immediately preceding the offense, in any state or federally |
| Prior supervision | Not on probation or parole, and not released from a felony sentence, within those same 10 years |
| Frequency | Once in any five-year period |
| Excluded offenses | Sex crimes as defined in KRS 17.500, and offenses where probation is prohibited by KRS 532.045 |
Source: KRS 533.250. Checked 2026-09-20.
How it differs from probation
This is the distinction that matters, and it is the one people most often get wrong. Probation follows a conviction: you are convicted, and the sentence is suspended on conditions. Diversion comes instead of a conviction: the case is held, and if you complete the conditions the charge is dismissed.
The consequence is that a successfully completed diversion leaves you without a felony conviction, which is a materially different position for employment, licensing and housing than a probated felony sentence.
How you get it
- You apply in writing to the trial court and to the Commonwealth's attorney. It is not automatic and it is not something the court offers unprompted.
- Every judicial circuit in Kentucky operates a program, under a plan approved by the Supreme Court, so the framework is statewide even though practice varies by circuit.
- Drug possession cases have a parallel route. KRS 218A.14151 provides deferred prosecution specifically for a first or second first-degree possession charge, and presumptive probation also applies there.
- Failing diversion generally puts the original charge back in play, so the conditions are worth understanding before agreeing to them.
Common questions
How does pretrial diversion work in Kentucky?
You apply in writing to the trial court and the Commonwealth's attorney on a Class D felony charge. If you are accepted, the prosecution is held while you complete conditions the court sets. Complete them and the charge is dismissed, so there is no conviction. Fail them and the original charge proceeds.
How many times can you get pretrial diversion in Kentucky?
Once in any five-year period, under KRS 533.250(1)(c). Separately, you are ineligible altogether if you have a felony conviction, or were on probation or parole, or were released from a felony sentence, within the ten years immediately preceding the offense.
Is pretrial diversion the same as probation?
No, and the difference is a conviction. Probation follows a conviction and suspends the sentence. Diversion happens instead of a conviction: complete it and the charge is dismissed. That is why diversion is the better outcome where it is available.
Can you get diversion on a misdemeanor in Kentucky?
The KRS 533.250 program is written for Class D felonies. Misdemeanor cases are more often resolved through amendment, conditional dismissal or other arrangements with the prosecutor, which vary by county and are not governed by that statute.
Can you get diversion for drug possession in Kentucky?
There is a dedicated route. KRS 218A.14151 provides deferred prosecution for a first or second charge of possession of a controlled substance in the first degree, and KRS 218A.1415 also makes presumptive probation available for those offenses. That is separate from the general pretrial diversion program.
What happens if you fail pretrial diversion?
The diversion can be voided and the original Class D felony charge proceeds toward judgment. Because the charge was never dismissed, failing puts you back where you started, which is why the conditions are worth reading carefully with a lawyer before you agree.