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Ending Without A Conviction

A.R.S. 11-361 — a county attorney's program to divert or defer prosecution before a plea or trial

What the program is. A participating county's county attorney may divert or defer, before a guilty plea or a trial, the prosecution of a person accused of committing a crime, through a special supervision program.

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Sole discretion. The county attorney has sole discretion to decide whether to divert or defer prosecution of an offender.

Guidelines. Each program is administered by the county attorney according to guidelines set by the Arizona prosecuting attorneys' advisory council, and the county attorney keeps records of enrollment and completion and reports on the program each year.

Other agencies. The county attorney's power does not keep another prosecuting agency from diverting or deferring a prosecution as the law otherwise allows.

Eligibility, conditions and what happens to the charge on completion are set by each county attorney's program, not on this page. Setting aside a conviction is a separate process. A particular case is a question for the county attorney, or a licensed Arizona attorney.

Sources for this section (3)
  1. A.R.S. 11-361 — Definition of program
  2. A.R.S. 11-362 — Deferred prosecution program; administration; guidelines; records; reports; technical assistance
  3. A.R.S. 11-365 — Diversion and deferred prosecution of offenders

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.

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