More than 70% of participants complete the Deferred Prosecution Program in Cook County, and every graduate may apply for expungement as soon as the case is nolled (dropped) by the prosecution.
Deferred Prosecution Program
The Cook County State’s Attorney’s initial Deferred Prosecution Program was implemented in 2011 and was designed to divert first-time offenders with nonviolent felony charges from the criminal justice system. In 2013, eligibility criteria were broadly expanded to include the misdemeanor defendant population in this alternative prosecution program.
In cooperation with the offices of the Chief Judge, State’s Attorney, Public Defender, Pre-Trial Services, and TASC, the program is designed to enable nonviolent offenders to avoid convictions if they successfully complete intensive front-end diversion programming. Program expectations are based on what individuals clinically require, as well as need to do to become more productive members of society and avoid further criminal justice involvement. Eligible individuals may volunteer for the program and waive preliminary hearings. Charges are dropped for participants who successfully complete the program.
To be eligible for the programs requires consent of the victim(s) of the crime. Individuals must also:
be adults charged in Cook County
have no past felony convictions or misdemeanor convictions for a crime of violence
have a current charge which is a nonviolent felony or misdemeanor offense, with no DUI or weapons offenses and no domestic violence charges
TASC utilizes the SBIRT (Screening, Brief Intervention, and Referral to Treatment) screening tool for program eligibility and, when indicated, conducts a risk assessment to determine participants’ needs. In addition, we facilitate referrals for individuals to appropriate services and then report back to the court on referrals and progress on individual service plans.
Cook County State's Attorney's Office (for Deferred Prosecution Program)
Illinois Department of Human Services, Division of Alcoholism and Substance Abuse (for SBIRT)