What Happens After Completing Pre-Trial Diversion in Florida?

Pretrial diversion (PTD), or some variation of this name, is a voluntary program offered by most State Attorney’s Offices that allows eligible first-time or low-risk defendants to avoid prosecution by completing a set of requirements — such as community service, counseling, or restitution — within a specified period. Available in most of Florida’s 67 counties, these programs are designed to give qualifying individuals a second chance by keeping a conviction off their record entirely, provided they successfully fulfill all program conditions. But one of the most common questions clients ask after finishing diversion is:

“Now what happens?”

Understanding the next steps is critical, because even though diversion is completed, there are still important legal and practical steps that may follow.

1. The State Attorney Files a Dismissal

After you successfully complete the diversion program, the State Attorney’s Office will notify the court that you have satisfied the program requirements.

Once that happens, the prosecutor typically files a formal dismissal of the charge(s). When the judge signs the dismissal or it is entered by the clerk, the case is officially closed (learn more about criminal case outcomes).

This means:

• You are not convicted of the crime
• The case is dismissed
• There is no adjudication of guilt

For most people, this is the primary goal of entering diversion in the first place.

However, it is important to understand that a dismissal does not automatically erase the record of the arrest or case.

2. The Arrest and Case May Still Appear on Your Record

Even though the charge is dismissed, the record of the arrest and court case still exists in public records.

That means background checks conducted by employers, landlords, or licensing agencies may still show that the arrest occurred which is why understanding whether a case can be fully cleared is important.

This surprises many people. They assume completing diversion means the record disappears automatically.

In Florida, that is not how the system works.

To remove the record from public view, a person must usually pursue one of two legal remedies:

• Sealing the record
• Expunging the record

3. You May Be Eligible to Seal or Expunge Your Record

If a case is dismissed after completing diversion, many individuals become eligible to seal or expunge the case depending on the outcome of the case and applicable law under Florida law.

The two processes are slightly different:

Sealing a Record

When a record is sealed, it is hidden from public view. Most employers and members of the public will not be able to see the case.

However, certain government agencies and law enforcement may still access it.

Expunging a Record

An expunction is a stronger remedy. In most cases, the arrest record is physically destroyed by agencies that possess it, and the case is removed from public databases.

Eligibility depends on several factors, including:

• Whether the case was dismissed
• Whether you have prior adjudications
• Whether you have previously sealed or expunged another case

Because of these rules, it is important to speak with an Orlando criminal defense attorney before filing.

4. Retrieving Property or Evidence

In some cases, law enforcement may have seized property during the investigation — such as firearms, phones, or other items.

Once the case is dismissed, you may be able to request the return of that property from the law enforcement agency’s Evidence or Property Unit.

Typically, you will need to provide documentation showing that the case has been dismissed.

5. Addressing Licenses or Background Issues

Depending on the nature of the original charge, you may also need to address related administrative matters, such as:

• Professional licensing
• Concealed weapons permits
• TSA PreCheck or federal background programs
• Employment background checks

These agencies may require documentation confirming the dismissal of the case.

6. Why Legal Guidance Still Matters After Diversion

Completing pre-trial diversion is a significant victory, but the process does not always end there.

Making sure the case is properly dismissed, determining whether you qualify to seal or expunge the record, and resolving any remaining issues can make a major difference in protecting your future.

If you have successfully completed Pre-Trial Diversion in Florida, it may be possible to take additional steps to ensure the case does not follow you in background checks or public records.

Understanding those options is the key to truly moving forward.

By Jacob V. Stuart, Jr. | Criminal Defense Trial Attorney | Orlando, Florida

Disclaimer: The information contained in this blog is provided for general informational purposes only and should not be construed as legal advice. Reading this content does not create an attorney-client relationship with Jacob Stuart Law, P.A. Every case is different, and you should consult with a qualified attorney regarding your specific circumstances.