Bexar County’s Misdemeanor Pre-Trial Diversion Program (PTD)

If you’ve been told about Bexar County’s Pre-Trial Diversion Program — often by a bail bondsman, a friend, or something you read online — as a way to avoid a conviction on a first-time Misdemeanors charge, it’s worth understanding exactly what the program actually requires before deciding whether it’s right for you. It’s a real, valuable option for many first-time offenders, but it comes with real trade-offs that deserve a clear, honest look before you sign anything.

Who Can Apply

To be considered for Bexar County’s Misdemeanor PTD Program, you generally need to be a genuine first offender, a U.S. citizen or legal resident, and — critically — you must submit your complete application within 90 days of your arrest. This deadline is firm. Certain offense categories are excluded from the general program, including DWI, sexual offenses, and offenses involving family violence, among others; if your charge falls into one of these categories, this program isn’t available to you.

What the Application Actually Requires

The application process is more involved than many people expect. Along with your basic eligibility information, you’ll need to submit two letters of recommendation from people who aren’t family members, including their contact information — the State reserves the right to actually contact these individuals directly. You’ll also need to submit to a urinalysis test as part of your application, used to establish a baseline, and generally provide proof that you’re employed, actively seeking employment, or enrolled in school, unless you can demonstrate good cause for an exemption.

The Trade-Off Almost Nobody Expects Going In

Here is the single most important thing to understand before applying, and it’s worth being completely direct about it: to participate in Bexar County’s PTD Program, you must stipulate to your guilt. A plea of “no contest,” or Nolo Contendere, is not accepted — the program specifically requires an actual stipulation of guilt. Along with that, you’re required to waive several constitutional rights as a condition of participating: your right to a jury trial, your right to confront the witnesses against you, and your right to remain silent.

This matters enormously if things don’t go as planned. If you’re terminated from the program for any reason, that guilty stipulation can be used against you as evidence of guilt in the prosecution that follows. This is a genuinely serious trade-off, and it’s exactly why this decision shouldn’t be made casually or without a real conversation with your criminal defense attorney about the actual strength of the evidence against you — because if there’s a real chance of winning your case outright through a legal challenge, stipulating to guilt upfront in exchange for diversion may not be the right call for your specific situation.

What Happens During Supervision

If accepted, you’ll be supervised by the Bexar County Community Supervision and Corrections Department for a defined period, and you may be responsible for additional costs beyond the program fee itself — counseling, classes, additional drug testing, or treatment, if CSCD determines these are necessary in your case.

It’s worth understanding how seriously supervision is taken: the State reserves the right to terminate your participation for any violation of your program’s terms and conditions, regardless of how minor that violation might seem, at any time. There is no right to a hearing before the court if this happens, and the termination decision itself is not appealable — it rests entirely within the Bexar County Criminal District Attorney’s Office’s discretion.

What You Get If You Successfully Complete the Program

If you complete PTD successfully, the Bexar County Criminal District Attorney’s Office will tender a dismissal of your case to the court. Here’s a genuinely valuable, less-known advantage worth understanding: the State will not oppose your immediate Petition for Expunction upon successful completion — meaning you don’t have to wait out a statute of limitations period the way you might after some other types of dismissals. This immediate expunction eligibility is one of the clearest practical advantages PTD offers over simply waiting for a case to be dismissed through other means.

An Important Clarification: Your Record Isn’t Automatically Clean

This is worth stating plainly, because it’s a common and understandable misconception: successfully completing PTD and having your case dismissed does not, by itself, clear your record. The arrest itself generally remains visible on background checks — to employers, landlords, and others who run them — until you separately file for and are granted an expunction. Expunction is not automatic; it requires its own petition, and it’s worth working with your attorney to make sure this step actually gets completed once you finish the program, rather than assuming dismissal alone has taken care of it.

What This Means for Your Bexar County Case

Bexar County’s PTD program can be a genuinely strong option for the right first-time offender — but “the right case” matters here. Understanding both the real benefit (potential dismissal and immediate expunction eligibility) and the real cost (a formal stipulation of guilt and a waiver of significant constitutional rights) before you apply is essential, and it’s a decision worth making with a clear-eyed view of your specific evidence and circumstances, not just the promise of avoiding a conviction.

Frequently Asked Questions

Q: Do I have to plead guilty to participate in Bexar County’s PTD Program?
A: You have to stipulate to your guilt, though not through a formal guilty plea in court. A “no contest” stipulation isn’t accepted. This is a serious commitment, and if you’re later terminated from the program, that stipulation can be used against you.

Q: How long do I have to apply after my arrest?
A: 90 days from your arrest, and this deadline is firm.

Q: Will my arrest still show up on a background check if I complete the program?
A: Yes, until you separately file for and are granted an expunction. Successful completion and dismissal alone don’t automatically clear your record.

Q: What’s the advantage of PTD over just waiting for my case to be dismissed some other way?
A: Successfully completing PTD lets you petition for expunction immediately, without needing to wait out a statute of limitations period that can apply to other types of dismissals.

Q: What happens if I violate a condition of my PTD supervision?
A: The State can terminate your participation for any violation, regardless of how minor, at any time, with no right to a hearing and no appeal. Your case would then proceed to prosecution, and your guilty stipulation could be used as evidence against you.

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Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000

Division: Criminal Defense San Antonio
Practice Area: Misdemeanors