Ending Without A Conviction
G.L. c. 276A, § 5 — a program, a ninety day stay, and dismissal on a report of successful completion
Who qualifies. A district court may divert to a program a person charged with an offense within its final jurisdiction who has no prior adult conviction other than traffic violations carrying no possible jail term, no outstanding warrants or pending cases, and a program's recommendation.
Not eligible. Diversion is not available for an offense with a possible sentence greater than 5 years or a mandatory minimum, an offense that may not be continued without a finding, or certain listed offenses, with exceptions the section names, including some veterans.
Time to assess. An eligible defendant may accept, at arraignment, a fourteen-day continuance for assessment by a program. A veteran or a person on active service may be afforded a 30-day continuance for assessment.
A ninety day stay. After the program's report, and a chance for the prosecution and any victims to be heard, the judge decides eligibility. A defendant who agrees to the plan of services has the proceedings stayed for ninety days, or the case may be continued without a finding for ninety days. No appeal is allowed from that decision.
What stays out of evidence. Statements made during the assessment, a decision not to enter a program, and consent to the stay are not admissible against the defendant if the case resumes, and statements made during the assessment or the stay are not disclosed to a prosecutor about the pending charges.
Completion. When the program reports successful completion, the judge may dismiss the original charges. The report may instead recommend an extension of not more than an additional ninety days.
Violations. A violation of a program condition, or a new charge, can bring the defendant back before the court, and the judge may end the stay and let the case proceed on the original charges.
Continued without a finding. Outside the program, a district court defendant may tender a guilty plea with a request that no guilty finding be entered and that the case be continued without a finding to a date when it is dismissed, on conditions. A court that would exceed the request lets the defendant withdraw the plea.
Whether a particular charge is eligible is a question for the court, the probation office, or a licensed Massachusetts attorney.
Sources for this section (7)
- G.L. c. 276A, § 2 — Jurisdiction of court
- G.L. c. 276A, § 3 — Screening of defendants; continuance
- G.L. c. 276A, § 4 — Inapplicability of chapter to certain persons; exceptions
- G.L. c. 276A, § 5 — Assessment report; recommendations; final determination; stay of criminal proceedings
- G.L. c. 276A, § 6 — Violations by defendant; hearing; termination of stay
- G.L. c. 276A, § 7 — Expiration of stay or continuance; report of successful completion or recommendation of extension
- G.L. c. 278, § 18 — Pleas of not guilty, guilty or nolo contendere; requests for specific disposition; pretrial motions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.