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Legal guide · Victoria

What is criminal diversion in Victoria?

Diversion lets some people — often first-time offenders — complete conditions instead of getting a criminal record. Where you’re eligible, it’s a valuable option worth fighting for.

Criminal & traffic

Criminal diversion is a program in the Magistrates’ Court 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.

How it works

If granted diversion, you complete conditions (such as a donation, apology or program) over a set period. Once completed, the charge is discharged without a conviction recorded.

Who’s eligible

Generally less serious offences, where you take responsibility and the prosecution consents. It’s often a first offence, but not always — the magistrate decides.

Why it matters

Avoiding a criminal record can be crucial for employment, travel and licensing. Because eligibility and consent matter, early advice improves your chances.

How we help

We advise on diversion and prepare the material to support your application. Book a consult early.

Common questions

Good to know

Does diversion give me a criminal record?

No — if you complete the conditions, the charge is discharged without a conviction 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.

General information only — for advice about your situation, see more guides or book a consult with ORLA Legal.

Want to avoid a record? Ask about diversion.

Speak with an experienced Victorian lawyer — book online, or call us 24/7.

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