Federal Pre-Trial Diversion Eligibility Changes

The Eligibility Criteria for Federal Pretrial Diversion Program was updated
in April 2011. A history of substance abuse (alcohol or drugs) is no longer a disqualifier.

The four disqualifiers are now --

The U.S. Attorney, in his/her discretion, may divert any individual against
whom a prosecutable case exists and who is not:

1. Accused of an offense which, under existing Department guidelines,
should be diverted to the State for prosecution;

2. A person with two or more prior felony convictions;

3. A public official or former public official accused of an offense
arising out of an alleged violation of a public trust; or

4. Accused of an offense related to national security or foreign
affairs.