Rule 4.070.Dismissal of Charges Following Successful Completion of Diversion
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 4.070
Plain-English Summary
This is a short rule about what the paperwork has to say. When a charge is dismissed based upon successful completion of diversion, the document that dismisses it must state the basis for the dismissal. It is not enough for the instrument to record that the charge is gone.
The rule reaches diversion for driving under the influence of intoxicants and any other diversion program. The category is defined by how the case ended, not by the offense that started it.
Anyone who reads the file later sees, on the face of the dismissing instrument, why the charge ended. A dismissal that says nothing looks the same whether it followed a completed program, a problem with the evidence, or a change of heart by the prosecutor. Naming the basis removes that ambiguity from the court record.
Frequently Asked Questions
What must a dismissal after diversion say?
The dismissing instrument must state the basis for the dismissal, which is the defendant's successful completion of diversion.
Does this apply only to DUII diversion?
No. The rule covers a charge dismissed based on successful completion of diversion for driving under the influence of intoxicants or of any other diversion program.
Who prepares the dismissing instrument?
The rule does not assign that task. It sets what the document must contain once it is prepared and presented to the court.
Why does the reason for dismissal have to appear in the document?
Because the court record then shows how the case ended. A dismissal that names its basis tells later readers that the charge closed through a completed diversion program.
Does this rule change what a defendant must do to complete diversion?
No. Completion requirements come from statute and from the diversion agreement itself. This rule speaks only to what the dismissing instrument must state.