How Washington Handles Juvenile Diversion Agreements

When a minor is accused of a crime in Washington, the case doesn’t always lead straight to juvenile court. For many first-time or low-level offenders, Washington offers an alternative called a juvenile diversion agreement. This option can allow a young person to take responsibility, avoid formal charges, and keep a court record off their file—if they complete the required conditions.

Understanding how diversion works, who qualifies, and what happens if the agreement is violated is essential for families navigating the juvenile justice system.

What is a Juvenile Diversion Agreement?

A juvenile diversion agreement is a formal alternative to prosecution. Instead of filing criminal charges, the prosecutor refers the case to a community-based diversion unit or juvenile probation counselor, who meets with the youth and their family to discuss the offense and agree on appropriate consequences. These agreements are authorized under RCW 13.40.080.

Diversion is not a free pass. It involves admitting responsibility and completing tasks such as:

  • Community service hours
  • Counseling or substance abuse treatment
  • Restitution to the victim
  • Letters of apology
  • Attendance at educational classes or workshops

Once the juvenile successfully completes the agreement, no criminal charge is filed, and the case is closed.

Who Qualifies for Diversion in Washington?

Diversion is generally available to first-time offenders or youth charged with non-violent misdemeanors. Common eligible offenses include shoplifting, minor drug possession, trespassing, or school-related misconduct.

However, some serious charges, such as felonies or offenses involving weapons or serious injury, are not eligible. Prosecutors and diversion units consider:

  • The youth’s age and prior criminal history
  • The nature and severity of the offense
  • The willingness of the juvenile to accept responsibility

In Clark County and throughout Washington, local diversion programs may have specific eligibility guidelines, but the goal is always to redirect youth before they enter the formal justice system.

What Happens if a Juvenile Doesn’t Complete the Agreement?

If a juvenile fails to comply with the conditions of their diversion agreement—such as missing deadlines, refusing to attend classes, or getting re-arrested—the case may be referred back to the prosecutor. At that point, formal charges can be filed, and the youth may face a court hearing before a juvenile judge.

Compliance is critical. Many programs offer flexibility and will work with families to reschedule or modify conditions if a child is making an honest effort.

Are Diversion Agreements Confidential?

A diversion agreement is not a conviction, but the fact that a diversion was entered into can be accessed under certain circumstances.

According to RCW 13.50.050, juvenile diversion records are sealed automatically after two years if:

  • The youth has no subsequent criminal convictions
  • All conditions of the diversion were completed
  • Restitution (if any) has been paid

However, until the record is sealed, it may be visible to courts, prosecutors, or law enforcement during background checks for future offenses. It’s important to follow up and confirm when and how the record will be sealed—or petition the court if needed.

Why Diversion Matters

Juvenile diversion gives young people a second chance. It recognizes that early mistakes don’t have to define a future. When handled properly, diversion helps youth take accountability while preserving opportunities for jobs, college, housing, and more—without the burden of a permanent criminal record.

Parents should take diversion agreements seriously. They’re often the best chance to resolve a juvenile case quickly and privately, but only if the youth complies fully.

Need Help with a Juvenile Case in Clark County?

At the Law Office of Erin Bradley McAleer, we help families understand Washington’s juvenile justice system and advocate for the best outcome—whether that means securing diversion or fighting charges in court. If your child has been contacted by law enforcement or is facing potential prosecution, call us today. Early intervention makes all the difference.