North Carolina’s Felony Drug Diversion – 90-96 – Program Explained

IMPORTANT NOTICE: The information contained on this post about North Carolina’s Felony Drug Diversion Program may change. For instance, the statute might change between the time you read this and the time your case reaches court. Your eligibility will depend on a variety of circumstances, and, even if eligible, participation in the Felony Drug Diversion program is at the District Attorney’s and Judge’s discretion. In addition, the District Attorney and/or Judge may impose more conditions upon you than are listed on this sheet. In addition, costs are subject to change. If you have a question about the NC Felony Drug Diversion program, talk to a drug lawyer Raleigh about whether you qualify for this program.

Conditions of the Felony Drug Diversion Program

  1. No prior diversion programs.
  2. No prior felony convictions.
  3. Felony Possession charge, PWISD does not qualify.

Requirements of the Felony Drug Diversion Program

  1. Quasi Probation for minimum of 12 months – will need to check in with a probation officer periodically.
  2. Complete 225 hours of community service within probationary period.
  3. Complete an assessment and a drug treatment program.
  4. Pay the costs of the program of about $600 (depending on the current costs of court).
  5. Write out a confession (in some cases).
  6. Not get into trouble during the year-long period.
  7. Other requirements as imposed by judge, or at request of DA.

Liabilities of the Felony Drug Diversion Program

  1. You will have a pending felony on your record during the entire period of probation.
  2. If you are convicted of another crime committed during the probation period, you will automatically have been convicted of the Felony Drug charges you admitted to as part of this program.
  3. You can apply for an expunction – which will remove this from your record – only upon successful completion of the program and only after about a 6 month period after probation ends.

Currently, Wake County’s 90-96 programs are managed by Southlight, a private drug and alcohol treatment service that has offices in the Wake County Courthouse.

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.