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Victorian legal guide

What is criminal diversion in Victoria?

General information for people in Victoria · ORLA Connect

Criminal diversion is a program in the Magistrates' Court of Victoria that lets some people — usually first-time or lower-level offenders — complete conditions instead of getting a criminal finding of guilt, so they avoid a criminal record. It's a valuable option where you're eligible. Here's how it works.

How diversion works

If you're granted diversion, you complete conditions set by the court (such as a donation, an apology, or a program) over a set period. Once completed, the charge is discharged without a conviction or finding of guilt recorded.

Who's eligible

Diversion is generally for less serious offences, where you take responsibility, and where the prosecution consents. It's often a first offence, but not always. The magistrate decides.

Why it matters

Avoiding a criminal record can be important for employment, travel and licensing. Because eligibility and the prosecution's consent matter, getting advice early improves your chances.

Get advice the easy way

Post your criminal matter once on ORLA Connect and get matched with Victorian criminal-defence firms who can advise on diversion and their fees — privately and without obligation.

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Does diversion give me a criminal record?
No — if you complete the conditions, the charge is discharged without a conviction or finding of guilt recorded. That’s the main benefit.
Who decides if I get diversion?
The magistrate decides, and the prosecution generally must consent. It’s usually for less serious offences where you take responsibility.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.