What pretrial diversion or drug court programs exist in North Carolina?
North Carolina's diversion statutes are concentrated in Chapter 15A.
1. Pretrial Intervention / Diversion (DA-Run). N.C.G.S. § 15A-1341(a1) authorizes deferred prosecution; defendant placed on supervised probation up to 24 months; completion = voluntary dismissal. District Attorney consent required.
2. Statutory Deferred Adjudication / Judicial Diversion. N.C.G.S. § 15A-1341(a4) (conditional discharge) lets the court accept a guilty plea, defer entry of judgment, and dismiss after probation completion. Available for many Class H/I felonies and misdemeanors.
3. Drug Court. N.C. Drug Treatment Court Act, N.C.G.S. § 7A-790 to -801; AOC oversees certification. 25+ drug courts statewide.
4. Veterans Treatment Court. N.C.G.S. § 15A-1352(d) and Session Law 2015-247 authorize veterans courts; Harnett, Cumberland, Buncombe, others operate them.
5. Mental Health Court. N.C.G.S. § 7A-794 (Therapeutic Court); mental-health courts in Mecklenburg, Wake, Orange counties.
6. DWI Court. Authorized via AOC accountability courts; ignition interlock under § 20-17.8.
7. Youthful Offender / First Offender. N.C.G.S. § 15A-145.6 (conditional discharge prayer for judgment continued for some offenses); § 14-50.29 for gang; § 7B-1604 for Raise the Age (16-17 transfer rules).
8. First-Time-Offender Statute. N.C.G.S. § 90-96 (drug conditional discharge) provides for dismissal of first-time low-level drug offenses with treatment. Expunction under § 15A-145.5 for non-violent misdemeanors and felonies after waiting periods.
9. Effects. § 90-96 and § 15A-1341(a4) completions = dismissal and immediate expunction eligibility. Federal records persist.
10. Federal Pretrial Diversion. 18 U.S.C. § 3154; EDNC, MDNC, WDNC operate PTD; uncommon.
This is legal information, not legal advice.
- You face a first-time drug charge and want § 90-96 conditional discharge
- You are a veteran with PTSD and want admission to a veterans treatment court
- You need expunction under § 15A-145.5 after completing deferred prosecution
- N.C.G.S. § 15A-1341
- N.C.G.S. § 7A-790
- N.C.G.S. § 90-96
- N.C.G.S. § 15A-1352
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.