I’m a Service Member and I Got Arrested – What Can I Do?

Military Diversion Program offers eligible service members and veterans a way to get their criminal cases dismissed

If you’re a service member, getting arrested can make you feel like a disappointment. By getting arrested, you’ve failed to meet the standards expected of you by your service branch, by your fellow service members, by your family, and by yourself.

If what led to your arrest was a loss of control or a lapse in judgment, then personal accountability demands that you accept responsibility for your actions.

However, if what caused you to get arrested was a mental health disorder that was brought on by your military service, then an exception can be made.

Lawmakers now recognize that the stresses of military service – long deployments abroad, hostile environments, and combat service, for instance – can negatively impact service members’ mental health. That is why lawmakers enacted the Military Diversion Program.[i]

This program allows eligible service members to pause the prosecution against them, seek treatment for their underlying mental health issue, and, ultimately, have their arrest sealed and their criminal case dismissed.[ii]

Am I Eligible?

Your eligibility depends on: (1) the class of crime that you were arrested for; and (2) the mental health disorder that you’re now living with.[iii]

The Military Diversion Program applies only to misdemeanor crimes such as DUI, domestic violence, and hit and run. If you were arrested for a felony offense, then you are ineligible for this program.[iv]

Additionally, to be accepted into the Program, you must show that, because of your military service, you now suffer from any of the following mental health disorders:[v]

• Post-traumatic stress disorder
• Sexual trauma
• Substance abuse
• Traumatic brain injury
• Other mental health problems

The Military Diversion Program is available to both current and former service members. So, eligible veterans can avail themselves of this opportunity as well.[vi]

How Do I Apply for Military Diversion?

With the help of an attorney – either a public defender or private defense counsel – you can petition the Court for entry into the Military Diversion Program. Statements from mental health professionals attesting to your service-related, mental health issues can be helpful. If the Court finds that you are eligible for the Program and that you are a suitable candidate, you will be granted Military Diversion.[vii]

How Does the Program Work?

Once you receive Military Diversion, the Court will assign you to a treatment program that is individually tailored to your specific mental health needs. Treatment programs vary among participants because the type of treatment needed will depend on each individual’s underlying mental health condition. Still, counseling, self-reflection, personal accountability, and consistency are common features among all programs.

Once your treatment program begins, you must periodically report to court so that the Judge can monitor your progress. At minimum, the Military Diversion Program will take 18 months to complete, though the Court has discretion to extend a person’s treatment for up to two years.[viii]

If the Court finds your performance in your treatment program to be unsatisfactory, the Court can terminate you from the Program. If that happens, your criminal matter will pick up where it left off.[ix]

But if you remain consistent and do all that is asked of you, your criminal case will be dismissed and your arrest will be sealed as though it never happened.[x] This a huge boon to your employment prospects because now, when you apply for a job, you are not obligated to disclose your arrest, even if asked.[xi]

Can the Program Help Me If I’m on Active Duty?

Yes. If you’re an active service member and are convicted of a crime, disciplinary action in the military can range from an administrative penalty (such as a demotion or loss of a pay grade) to a forced separation (and, likely, a less than honorable discharge). The consequences will vary depending on such factors as your service branch, your rank, your seniority, your specific job in the military, and the specific crime that you were convicted of.[xii]

But if you can complete the Military Diversion Program, your criminal arrest doesn’t end in a conviction, but with a dismissal. And a dismissed arrest is much more likely to result in a lesser military penalty than a conviction. However, it can be a challenge to consistently attend your treatment appointments while still working full-time on base.

A note: if you were arrested for DUI, then the Military Diversion Program will not affect your matter with the DMV: your license will still be suspended within 30 days from your DUI arrest, unless you request, and prevail at, what’s known as an administrative hearing.[xiii] Just as your service branch handles your arrest independently from the Court, so, too, does the DMV.

Contact a Professional for Help

If you’ve been arrested and you’re a veteran or current service member, help is available. Michael J. Ocampo, is a skilled attorney and former deputy district attorney. He understands that it’s not our missteps that define our character, but how we recover from them. Michael can help guide you through the Military Diversion process and, if you aren’t accepted into the Program, he can work with you to plan the best defense for your unique case.

If you’d like to speak with Michael, you can contact him at (714) 451-6834 to schedule a free, no-obligation consultation. Military discounts are available to current and former service members.