Misdemeanor Diversion Program
Diversion Programs
Durham County Justice Services Department offers diversion programming to minimize the impact of legal system involvement for individuals. By diverting participants to therapeutic and educational programming they can avoid many of the collateral consequences of an arrest or criminal conviction. The Diversion Coordinator works with each participant to develop a plan to best meet their needs and offer support and accountability.
About the Misdemeanor Diversion Program
Durham County’s Misdemeanor Diversion Program (MDP) was created in 2014 in response to concerns about 16- and 17- year-olds having a misdemeanor arrest on their permanent criminal record. MDP expanded in October 2015 to include 18- to 21- year olds, and again in March 2019 to age 26, with the option of referring individuals over age 26 at law enforcement's discretion. Since 2014, MDP has evolved to serve those of any age with a qualifying first-time arrest. If the referral completes programming, the case is closed with the participants criminal record remaining clean.
How the Misdemeanor Diversion Program works
- MDP accepts all first time misdemeanor offenses except for firearm offenses, sexual offenses and traffic matters.
- MDP serves age 18-26 and older adults on a case-by-case basis at law enforcement discretion.
- Participation is voluntary.
- Law enforcement officers refer individuals at the time of criminal infraction. The MDP referral is done in lieu of citation or arrest.
- MDP participants are instructed to contact the MDP Coordinator within 48 hours to set up an intake.
- Participants are assigned to programs lasting up to 90 days. If needed, wraparound services for mental health/substance use treatment, housing, education and vocational needs are available at no cost to the participant.
- Upon completion of MDP, the Coordinator informs law enforcement and the case is closed with participant's criminal record remaining clean.
- If the participant does not complete MDP, the case is sent back to law enforcement for possible warrant for arrest on original allegation(s).
