Ending Without A Conviction
Mo. Rev. Stat. § 557.014 — prosecution diversion for six months to two years, then a dismissal or other disposition
A prosecutor's program. Each prosecuting attorney may, by agreement with the accused or defendant, divert a criminal case to a prosecution diversion program for a period of six months to two years, and any statute of limitations is tolled for that time.
- A nonviolent, nonsexual offense, with no child victim and no unlawful weapon.
- Submission to all program requirements.
- An offense that is not also a violation of a current condition of probation or parole.
- No traffic offense by a commercial driver license holder or in a commercial motor vehicle.
- Any other criteria the prosecuting attorney sets.
Those are the minimum requirements. The plan is in writing for a specified period, and newly discovered criminal behavior during it can end participation at the prosecutor's discretion.
The prosecutor's call. The decision to divert, or not to divert, rests in the sole discretion of the prosecuting attorney and is not subject to appeal.
Trial stays available. A participant may insist on criminal prosecution at any time, and may have counsel of the person's choosing present, though no right to appointed counsel is created.
Completion. After completing the program and its conditions to the prosecutor's satisfaction, the person is entitled to a dismissal or alternative disposition of the charges, after paying any associated costs. The dismissal may be without prejudice to refiling within the statute of limitations upon later criminal activity.
The records. When a charged case is nolle prossed or dismissed, or ends in a not guilty finding or a suspended imposition of sentence, the official records become closed records once the case is finally terminated, though the court's judgment or the prosecutor's final action may still be accessed.
Other diversion programs set by court rule or local practice are not on this page. Whether a particular case is eligible is a question for the prosecuting attorney, or a licensed Missouri attorney.
Sources for this section (2)
- Mo. Rev. Stat. § 557.014 — Prosecution diversion program — definitions — authority of prosecuting attorney — requirements and provisions applicable to prosecution diversion — completion and disposition of charges
- Mo. Rev. Stat. § 610.105 — Effect of nolle pros — dismissal — sentence suspended on record — not guilty due to mental disease or defect, effect — official records available to victim in certain cases
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.