(a) After the completion of the preprosecution or pretrial diversionary period and the conditions imposed upon the defendant to the satisfaction of the district attorney, a defendant participating in such programs shall be entitled to a non-criminal disposition of the charges against him or her which may be done by the appropriate judge entering on a docket sheet, diverted and dismissed.(b) Such non-criminal disposition, in the discretion of the district attorney, may be without prejudice to the State of Alabama for the reinstitution of criminal proceedings on the diverted criminal charges upon any subsequent criminal activity on the part of the accused.
Alabama Legal Code