What is a theft diversion program in Ohio?

It is a pre-trial option under ORC 2935.36 that allows eligible first-time theft offenders to avoid prosecution by completing requirements like counseling, education, community service, and restitution. Successful completion usually ends in charge dismissal and record sealing.

Who qualifies for theft diversion in Ohio?

Non-violent first-time offenders charged with misdemeanor theft are the typical candidates. Most Ohio courts require no disqualifying criminal history, no other pending cases, and no prior diversion participation since age 18.

How long does theft diversion last in Ohio?

Most Ohio theft diversion programs run between three and twelve months, depending on the court and the conditions. The Columbus HUB program typically lasts six months.

Does completing theft diversion guarantee expungement?

Successful completion typically results in charge dismissal, which then makes you eligible to petition for expungement. An attorney can help file the record-sealing petition after the statutory waiting period.

Can I still be prosecuted if I fail a diversion program?

Yes. If you fail the program, the original case resumes and you face full prosecution. Because you have usually waived certain procedural rights, failing diversion generally leaves you in a weaker position than when you started.

How is the Columbus HUB program different from the First Offender Program?

HUB is a Columbus City Attorney initiative focused on shoplifting cases and the social drivers behind them, with wrap-around services and a six-month timeline. The First Offender Program is broader, available in many Ohio courts for qualifying first-time misdemeanor offenders, and HUB can sometimes accept people who would not qualify for traditional FOP.

Will I have to pay restitution or fees during theft diversion?

Usually yes. Most Ohio theft diversion programs require restitution to the victim as well as supervision and program fees. Your attorney can often negotiate a payment plan that fits your budget.

Do I need a lawyer to get into a theft diversion program?

It is not legally required, but working with an experienced Columbus criminal defense lawyer meaningfully improves your chances of acceptance and successful completion, especially where the facts are contested or the charge is borderline ineligible.

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