Alabama Drug Possession Diversion: A Path to a Clean Record

Facing a drug possession charge in Alabama can be a life-altering experience, leading to the fear of a permanent criminal record, potential jail time, and the loss of future opportunities. Fortunately, the state offers an alternative path for qualifying individuals: the Pretrial Diversion (PTD) Program. This program, also often referred to as a Pretrial Intervention Program (PTIP), is not a guaranteed right, but a discretionary opportunity designed for individuals who are willing to take responsibility for their actions and commit to a personalized rehabilitation plan.

The goal of PTD is simple yet powerful: to allow first-time and non-violent offenders to earn a dismissal of their pending criminal charges by successfully completing a period of supervision, treatment, and community service. Successful completion clears the way for an individual to petition for the expungement of their arrest record, providing a true second chance.

Who is Eligible? Key Requirements for Drug Possession Cases

The decision to admit an offender into the PTD program rests entirely with the District Attorney’s Office, which acts as the program’s gatekeeper. While criteria can vary slightly by county and judicial circuit, a set of common eligibility requirements apply across the state for drug possession charges:

• First-Time & Non-Violent Offender Status: The program is primarily for first-time offenders. Applicants must generally be charged with non-violent offenses.
• No Prior Felony Convictions: Individuals with previous felony convictions are typically ineligible for the program.
• Eligible Drug Offenses: Drug offenses, such as simple Unlawful Possession of a Controlled Substance (a Class D felony) or Unlawful Possession of Marijuana in the Second Degree, are often eligible for consideration.
• Ineligible Drug Offenses: Charges like Unlawful Distribution, Trafficking, or Manufacturing of Controlled Substances (especially Class A Felonies) are generally excluded from the PTD program.
• No Prior Diversion: You cannot have previously been enrolled in or completed a PTD, First Offenders, or similar diversion program in any jurisdiction.

The Application and Agreement Process

Applying for a Pretrial Diversion program is a formal, multi-step process that requires careful attention to detail. It is highly advisable to seek guidance from a qualified Legal Expert before beginning the application.

1. Application and Background Check

The process begins by obtaining and submitting an application packet to the local District Attorney’s Office, often along with a non-refundable application fee. The District Attorney’s office will conduct a thorough criminal background check and may consult with law enforcement before determining eligibility. The review process can take up to 90 days.

2. The Written Agreement and Statement of Responsibility

If the applicant is approved for consideration, the next critical step is signing a written agreement with the District Attorney. This agreement, outlined in Alabama Code § 12-17-226.10, is the foundation of the PTD program. A key condition is the requirement to provide a written statement admitting your participation in, and responsibility for, the offense charged. This written admission is a powerful tool for the prosecution, as it is generally admissible in court if the offender is terminated from the program.

Typical Program Requirements and Costs

The length of a PTD program for a drug possession charge can range from six months to two years, depending on the severity of the charge and the specific county’s guidelines. The program requirements are individualized but commonly include:

Category	Requirement Details
Treatment & Education	Completion of certified drug/alcohol addiction evaluation and treatment programs, including classes with the Court Referral Office (CRO).
Supervision & Testing	Frequent and random drug and alcohol testing and regular reporting to the PTD Coordinator/Office. Must refrain from using alcohol or drugs.
Restitution & Fees	Payment of all program fees, court costs, fines, and any required restitution to a victim. The median reported cost is around $1,600.
Community Obligation	Completion of community service hours and/or maintaining or actively seeking employment or enrollment in school/education programs.

Successful Completion and Expungement

The successful completion of the Alabama PTD program is arguably one of the most advantageous outcomes available to an individual facing a drug possession charge. Upon the offender’s successful adherence to all agreed-upon terms, the District Attorney’s Office is required to file a Motion to Nolle Prosse (to not prosecute) the case.

Summary of the PTD Program Benefits

Pretrial Diversion is a critical tool for those accused of drug possession who are dedicated to reform. It offers a structured path to rehabilitation and a clean legal future.

Key Takeaways

1. The PTD Program is a chance for first-time, non-violent drug offenders to avoid a criminal conviction, operating at the discretion of the District Attorney.
2. Eligibility for drug possession charges excludes severe crimes like trafficking or distribution.
3. Participation requires a signed written agreement, often including a statement of admission/confession and a deferred guilty plea.
4. Program completion requires rigorous adherence to conditions, including drug treatment, community service, and payment of all associated costs/fees.
5. Successful completion results in the criminal charges being dismissed (Nolle Prosse), which is the necessary first step to having the arrest record expunged.

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Frequently Asked Questions (FAQ)

Q: Can I apply for PTD if I have a prior misdemeanor conviction?

A: Eligibility depends heavily on the type and seriousness of the prior conviction. Some programs may deny applicants with prior convictions for DUI or Possession of Marijuana, while a light prior record for an unrelated charge may occasionally be permitted at the prosecutor’s discretion. However, prior felony convictions generally disqualify an applicant.

Q: How long does the Pretrial Diversion Program last for a drug charge?

A: The length of the program is determined by the District Attorney as part of the written agreement and is based on the charge severity and individualized treatment plan. Diversion programs for felonies and misdemeanors can last anywhere from six months to two years.

Q: If I fail the program, what happens to my case?

A: If you fail to complete the program requirements, you will be terminated. The conditional guilty plea you entered will be adjudicated (accepted by the judge), resulting in a conviction, and the sentence specified in the original plea agreement will be imposed. You will also forfeit all fees paid to date.

Q: Can the fees for the program be waived if I cannot afford them?

A: While the law requires that an offender’s ability to pay fees or costs must be considered, many justice-involved individuals report difficulty getting fees waived or reduced. The median reported cost for diversion programs is high, and structural obstacles often force participants to choose between paying fees and covering necessities like rent or food.

Q: Does completing the PTD program automatically clear my record?

A: No, successful completion leads to a dismissal of the charges (Nolle Prosse). This dismissal then makes you eligible to apply for expungement under Alabama law, a separate legal process required to seal the arrest and case records from public view.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The requirements for the Pretrial Diversion Program vary by county and are subject to the discretion of the District Attorney’s Office. You should consult with a qualified Legal Expert to discuss the specifics of your case. This content was generated with assistance from an AI language model to meet specific informational and structural guidelines.