FAQs • Pierce County, WA • CivicEngage

Will I have a criminal record if I go through diversion?: After participating in diversion, you will NOT have a criminal record. You will have a confidential criminal history. The main difference between a criminal record and a criminal history is that a criminal record is available to the public while a criminal history is not. Your criminal history is our way of internally keeping track of your participation in diversion. Your criminal history will include the details of the offense and whether you signed a diversion agreement or were counseled and released. Your criminal history is not public record; it is not available to the public. It is only available to the police, the prosecutor, the court, and the diversion unit.

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Juvenile Court - Diversion

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1. What are the differences between diversion and court?

Juvenile Court

Hearings are open to the public
Attorney is appointed
Appear before a judge
Hearings are held at Remann Hall during the day
The court process may take three days or longer
If convicted, the conviction is public record
Fee is charged

Diversion

Proceedings are confidential and private
No attorney is appointed
Appear before a volunteer Community Accountability Board
Meetings are held in your community, usually in the evening
Youth will have no conviction or criminal record
Fee is charged; first referral $125, second $150

2. What if I do not want to go through diversion?: If you choose not to participate in diversion or if you fail to respond to your diversion letter by the response date, your case will be returned to the prosecutor for filing of charges in Juvenile Court.

3. How many times can I go through diversion?: You may be allowed to participate in diversion for a maximum of two misdemeanor offenses. First-time misdemeanor offenses are automatically referred to Diversion. When a youth commits a second misdemeanor offense, it is at the discretion of the Prosecuting Attorney whether the referral is diverted or filed on in Juvenile Court.

4. Can I get a copy of my arrest report?

The Diversion office is not authorized to release police reports for diversion cases. This is due in part to the fact that there are often names of other juveniles, witnesses, and victims in police reports which must remain confidential.

The Diversion office will only release police reports to attorneys who submit a Request for Discovery. Attorneys are bound by the rules of discovery as to what juvenile, witness, and victim information in the police report they may share with their clients.

Some police agencies will release police reports. If you want a copy of your police report, you must contact the arresting police agency or retain an attorney.

5. Do I need an attorney to go through diversion?: You do not need to hire an attorney to participate in diversion. The process involves the family and the youth only. You do have the right to have an attorney present at your diversion meeting to advise you. However, your attorney will not be permitted to participate in the meeting or negotiate the terms of your Diversion Agreement. If you choose to have an attorney present at your diversion meeting, you must pay for this service. If you wish to have an attorney argue your case, you must go to trial.

6. Can I speak with an attorney about my decision to go through diversion?: You can talk to an attorney about whether you should participate in diversion or go to court and you will not have to pay for this service. If you do not believe you committed the offense you are being accused of, you should talk to an attorney. If you choose to consult with an attorney, you must call the Diversion office.

7. Can I go through diversion if I am almost 18?: If you are going to turn 18 within the next 2–3 months, you must call the Diversion office immediately if you wish to participate in diversion. If you do not, you may lose the opportunity to participate in diversion and your case may be referred to adult court where you will be charged as an adult. If you are almost 18, please call (253) 798-3343 as soon as possible. The Diversion staff will help you expedite the processing and scheduling of your case.

8. Who will be at my diversion meeting?: You, your parent(s) or guardian(s), 2 –3 Community Accountability Board (CAB) members, and a court consultant will be present at the diversion meeting. The CAB members are volunteers from your community who have been screened and trained by the Superior Court to hear diversion cases. The court advisor is there to make sure everything is done properly and legally. Everyone present will have signed an agreement to keep all matters discussed in the meeting confidential.

9. Do my parents have to come with me to my diversion meeting?: Your parent or guardian must accompany you to your diversion meeting.

10. What will happen at my diversion meeting?: The Community Accountability Board (CAB) will first speak with you and your parent(s) or guardian(s) together. Next, they will confer among themselves. Finally, they will bring you and your parent(s) or guardian(s) back into the room where they will most likely ask you to sign a Diversion Agreement. The Diversion Agreement is a legal contract between you and the CAB. This contract may require you to complete one or more of the following sanctions:
- Perform community service hours
- Pay restitution to the victim of your crime
- Pay a fine
- Attend school
- Attend counseling
- Attend an educational or informational session (class)
- Get a drug & alcohol assessment
- Obey a curfew
- Obey a no contact order
- Attend parent-teen mediation

11. When will my diversion meeting be held?: You will be notified by mail of your appointment date and location, usually within two to three weeks of getting notice. Diversion meetings are usually scheduled in the evening.

12. Where will my diversion meeting be held?: Your diversion meeting will be held near or in the community where you live. We have five (5) Community Accountability Boards throughout Pierce County. Your case will be assigned to the location closest to your home.

13. How long will the diversion meeting take?: Diversion meetings usually take approximately an hour.

14. What happens after my diversion meeting?

If you signed a Diversion Agreement, you will be assigned a monitor to keep track of your progress on completion of the Diversion Agreement. It will be your responsibility to report your progress to your monitor. Once you have completed the conditions of the agreement, your monitor will inform the court and your case will be closed. If you do not complete the conditions of your agreement in the time allotted or if you do not provide proof of completion by the completion date, the monitor will return the case to Prosecuting Attorney for filing of charges in Juvenile Court.

If you do not sign a Diversion Agreement, your case will be sent back to the Prosecutor's Office for charging.

15. Do I have to go through diversion or to court if my parents have already punished me?: Parental discipline at home does not excuse you from your responsibility to be accountable for your actions in court or at your diversion meeting. However, you will have the opportunity to share whatever consequences your parents may have imposed with the Community Accountability Board. They may take this into consideration when deciding what to include in your Diversion Agreement.

16. Will I have to go to juvenile detention?: The Community Accountability Board does not have the authority to order you detained or imprisoned. No one is ever required to spend time in juvenile detention for a diverted offense unless they fail to comply with their Diversion Agreement and their case is filed on in court where a judge deems detention appropriate.

17. Who will know about a juvenile’s diversion?

The diversion process is confidential. Employers, potential employers, and military personnel do not have access to diversion records. A juvenile’s participation in diversion is not public record.

If a youth signs a Diversion Agreement for one of the following offenses, a notice will be sent to the school principal: Inhaling toxic fumes, a controlled substance violation, a liquor violation, assault, harassment, reckless burning, malicious mischief, reckless endangerment, and/or a weapons offense. This notice will only include the juvenile’s name and the offense that was committed; it will not include the details of the offense.

If a youth signs a Diversion Agreement for a drug or alcohol offense, notice will be sent to the Department of Licensing in Olympia.

18. Will I have a criminal record if I go through diversion?: After participating in diversion, you will NOT have a criminal record. You will have a confidential criminal history. The main difference between a criminal record and a criminal history is that a criminal record is available to the public while a criminal history is not. Your criminal history is our way of internally keeping track of your participation in diversion. Your criminal history will include the details of the offense and whether you signed a diversion agreement or were counseled and released. Your criminal history is not public record; it is not available to the public. It is only available to the police, the prosecutor, the court, and the diversion unit.

19. How much is the diversion fee?: The maximum diversion fee $125 for the first referral and $150 for second the referral. This may be paid in four monthly payments of $65.75. This fee may be reduced or waived based on the parents’ or guardians’ ability to pay.

20. Can I go through diversion if I can’t afford to pay the diversion fee?

No child may be denied diversion based on his or her parents’ or guardians’ inability to pay. Your diversion fee may be reduced or waived based on your income. If you believe you may qualify for a reduced fee, you must fill out the financial statement at your diversion meeting.

Our financial screener will review these documents and determine your ability to pay based on the federal poverty guidelines. The financial screener will assess a fee and bill you the assessed amount. You can make up to four monthly payments on your assessed fee. If your fee is waived, you will not receive a bill.

21. What happens if I fail to complete my Diversion Agreement?: If you do not follow the requirements of your Diversion Agreement, the case will be referred to the Prosecuting Attorney for review, and a formal court hearing called a Diversion Termination hearing may occur. If the court determines that you failed to complete your Diversion Agreement, the case will proceed to arraignment and will be handled like other Juvenile Court cases. If you do not appear at the court hearing, the court may order that you be arrested. See
Prosecuting Attorney

22. Can I lose driving privileges for a drug- or alcohol-related offense?

Diversion programs and courts are required to notify the Department of Licensing (DOL) to revoke a juvenile's driving privilege for any youth age 13 years or older who enters into a Diversion Agreement or is adjudicated or convicted of a drug- or alcohol-related offense. The revocation is for one year or until age 17, whichever is longer. Two or more offenses require a two-year revocation or until age 18, whichever is longer.

However, early reinstatement of driving privileges is possible if you successfully complete your diversion requirements. For a first offense, early reinstatement is possible 90 days after your 16th birthday or 90 days after the Diversion Agreement was signed. On a second offense, early reinstatement is possible one year after the Diversion Agreement was signed, or at age 17, whichever is longer. You also cannot apply for a learner's permit until your driving privilege has been reinstated.

When the revocation time is up, DOL will notify you. You will be required to take the written and driving test again and pay a reinstatement fee in addition to the licensing fees.

See Early Reinstatement of Driving Privileges

23. Will my school be notified?

Whenever any juvenile enrolled in a common school enters into a Diversion Agreement, is convicted in adult criminal court, or is adjudicated in juvenile court for the following offenses, the principal of the student's school must be notified, after first notifying the parent or legal guardian that such notification will be made:
- a violent offense as defined in RCW 9.94A.030;
- a sex offense as defined in RCW 9.94A.030;
- inhaling toxic fumes under in RCW 9.47A;
- a controlled substances violation under RCW 69.50;
- a liquor violation under RCW 66.44.270;
- and any crime under RCW chapters 9.41, 9A.36, 9A.40, 9A.46, and 9A.48.

(This notification, and a detailed listing of the actual offenses, is included along with the appointment letter when you are scheduled for your Diversion appointment.)

Any information received by a principal or school personnel under this section is confidential and may not be further disseminated except as provided by law.