Dismissed after diversion
CASE SUMMARY
Adaptation note: This story is adapted from similar matters handled by Lingtu Law and its peers. Names, places, dates and amounts have been changed, and the outcomes are presented as scenarios only. They do not reflect that similar cases will reach the same result.
Background
Y has held a green card for more than ten years and works as a supervisor at a warehouse. In summer 2025 he worked night shifts for several months and could not sleep during the day. A coworker gave him a few pills of a controlled sleep aid. He took two, and tossed the rest in his car and forgot about them. One night in August he was stopped by police, the pills were seen, and he had no prescription. He was charged with possession of a controlled substance. At the first hearing, the prosecutor offered a plea to a misdemeanor with one year of probation. The public defender thought that was a reasonable offer for a first offense, and Y wanted to end the matter quickly. He nearly signed, and then asked the judge for more time. He did not know that for a non-citizen, even a misdemeanor drug conviction can lead to removal, and that it is hard to fix after the fact. His family called us to ask whether accepting the plea would affect his green card.
Strategy
He had the pills, and we did not dispute that. On the scene he had already told the officers, "A coworker gave them to me, and I took two." Our task was to take him down the path the law provides for a first offense. We declined the plea terms and applied to the court for diversion: no plea, complete the course, and the case is dismissed at the end of the term. He had no prior record and no violent history, so he qualified. Before enrolling, we reviewed the diversion documents page by page and removed the language requiring him to admit drug use in writing, leaving only the commitments to attend classes and report on time, so the paper would not become a plea. Over the twelve months, Y completed the drug education course on schedule and reported on time at every check-in.
Case Timeline
| Date | Milestone |
|---|---|
| August 2025 | Charged with possession after a night traffic stop; at the first hearing the prosecutor proposed plea terms and the case was continued |
| September 2025 | Retained Lingtu Law; declined the plea terms and applied for pretrial diversion |
| Early October 2025 | Court approved pretrial diversion for twelve months |
| Early October 2026 | Diversion completed; case dismissed |
Outcome
The court dismissed the case when the diversion term ended. The arrest is treated as though it never happened under the law, and his green card was not affected. We reminded him to disclose the arrest on any future naturalization application, attach the dismissal order, and have an immigration attorney review the application before filing.
