Felony Diversion in North Carolina: Eligibility, Process, and What to Expect

Introduction

When someone faces felony charges in North Carolina, their entire future hangs in the balance. A felony conviction can severely impact employment opportunities, housing options, and civil rights. Fortunately, North Carolina's Felony Diversion program offers qualifying individuals a second chance—an opportunity to avoid conviction and move forward with their lives. At McCall Law, PLLC, we believe everyone deserves a chance at redemption, and understanding this program could be your first step toward a clean slate.

What is the North Carolina Felony Diversion Program?

The North Carolina Felony Diversion Program serves as an alternative to traditional prosecution for eligible first-time offenders. Established to reduce recidivism and promote rehabilitation, this program diverts qualified individuals from the conventional criminal justice system into supervised programs focused on accountability and recovery.

Think of it as a fork in the road—one path leads to potential incarceration and a permanent criminal record, while the diversion path offers the possibility of dismissal upon successful completion of program requirements. The NC Felony Diversion Program recognizes that people make mistakes and provides a structured way to learn from those mistakes without suffering lifelong consequences.

Eligibility Criteria

Not everyone qualifies for the Felony Diversion Program North Carolina offers. Eligibility is determined by several factors:

Who May Qualify:

• First-time offenders (generally with no prior felony convictions)

• Individuals charged with non-violent felonies

• Those showing genuine remorse and willingness to take responsibility

• Defendants with minimal or no criminal history

• Cases where rehabilitation appears more beneficial than punishment

Common Disqualifiers:

• Violent crimes, especially those involving serious bodily injury

• Sex offenses

• Drug trafficking or high-volume distribution charges

• Cases involving firearms

• Offenses committed while on probation, parole, or pretrial release

Each judicial district may have slightly different eligibility criteria for their First-Time Felony Offender Program NC participants. District attorneys maintain significant discretion in who they admit to the program, often considering factors like the victim's input, the defendant's background, and community safety.

The Application and Screening Process

The journey into the North Carolina Diversion Program for Felonies typically begins with these steps:

1. Initial Assessment: Your attorney submits a request for diversion consideration to the district attorney's office.

2. Screening: Prosecutors review your criminal history, the nature of the current charges, and other relevant factors.

3. Interview Process: You may be interviewed to assess your attitude, accountability, and suitability for the program.

4. Treatment Evaluation: Depending on the case, substance abuse or mental health screenings might be required.

5. Final Determination: The district attorney decides whether to offer diversion.

   
   

This process can be overwhelming, which is why having experienced legal representation from firms like McCall Law, PLLC can make all the difference. We guide clients through each step, advocating for their acceptance into the program.