Diversion: A Way to Resolve Some Charges Without a Record

Diversion resolves certain criminal charges outside the usual court process. In Ontario, the Direct Accountability Program is one form of diversion for adults.

Who may be eligible

• Usually people with no or minimal criminal history
• Minor, non-violent offences, such as some thefts under $5,000 or minor mischief
• The Crown decides whether to offer it

How it works

1. The Crown offers diversion, often at or before an early court appearance.
2. You meet with a program worker and agree on what to do.
3. You complete the steps by the deadline.
4. The charge is withdrawn and you get no conviction.

What you must do

You must take responsibility for the act. That admission generally can't be used against you if the charge later goes to trial.

Records

Police may still hold records of the charge. You can ask about having fingerprints and photographs destroyed after the charge is withdrawn.

Youth

Youth have a separate system of extrajudicial measures and sanctions under the Youth Criminal Justice Act.

Ask early

Diversion is usually offered early. Ask a lawyer or paralegal, or duty counsel, at your first appearance.

Sources

• Criminal Code, s. 717 (alternative measures)
• Youth Criminal Justice Act

Read next: Fingerprints After a Charge, and Getting Them Destroyed

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: Statue of justice holding scales against blue background · Bookshelves filled with old books in a library.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.