What is a Diversion?
Diversions are a second-chance opportunity offered by the prosecutor that prevent convictions from going onto the criminal record. Diversions are an agreement with the prosecutor, and if the defendant complies with the terms of the agreement, the charges are dismissed.
Am I eligible for a Diversion?
Diversions are generally not available on a second offence of the same or similar crime. Granting a diversion is at the sole discretion of the prosecutor, and various considerations apply. The City Prosecutor has the sole discretion whether to grant or deny diversion to any person and may deny an application even if it is a first offense
How does a Diversion work?
Standard Criminal Diversions
Diversions last for 12 months. Standard requirements include:
- Complete an Application
- Sign an Agreement and pay the applicable fee (entire balance must be paid at the time of Signing)
- Do NOT break the law during the diversion term.
- Obtain or Maintain valid employment or schooling.
In addition, each diversion agreement contains requirements specific to the charges involved. Common examples include:
- No drugs/alcohol (on charges of DUI, minor w/alcohol, marijuana, etc.)
- Attend anger management class (on charges of domestic battery)
- Attend online education class (on charges of theft)
- Pay restitution if required
How to Apply
Either contact the Court ahead of time and alert the clerk to your interest in a diversion and further instructions on what the next steps are will be given.
Alternatively, appear at your scheduled First Appearance Docket and the Judge will give you further instructions.
To save time on your court day, download and complete the Diversion Application in advance.
Can I get a Diversion on my Traffic Ticket?
Diversions are typically reserved for Criminal Offenses, 98% of Traffic citations qualify for what is called an Amendment. Amendments can be handled by the Court Clerks and do not require an appearance in Court.
What is an Amendment?
An Amendment is the process of changing the currant Moving Violation to a Local City Ordinance. Currently, Local City Ordinances do not get reported to the Kansas Department of Revenue. So therefore, the citation will not affect insurance or driving records. Amendments do change the cost of the Citation. To find out specifics of your citation and cost of what your Amendment would be, please contact the Court Clerk’s Office. However, there are certain Traffic Offenses that do not qualify for Amendments please contact the court for further information on them.