
Adult Alternative Measures Program Alberta
A criminal record is not inevitable. For eligible first-time and minor offences, the Alberta Alternative Measures Program allows charges to be withdrawn entirely with no criminal conviction recorded. Our Calgary criminal defence lawyers have helped thousands of clients complete the program successfully.
This page was written by the criminal defence lawyers at Hoare Claxton based on their experience appearing in Calgary courts. It is reviewed periodically for accuracy.
A Path to Having Charges Withdrawn
Most people charged with a minor criminal offence in Alberta assume a criminal record is coming. For a significant number of them, that assumption is wrong. The Adult Alternative Measures Program exists specifically to give eligible individuals a path to having charges withdrawn entirely, with no finding of guilt, no conviction, and no criminal record.
Peter Hoare, Mike Gilchrist, and Alex Koustov have helped thousands of clients complete the program successfully. The process works, but it requires someone on your side who knows how to approach the Crown and present your situation in the way that earns a referral to the program.
Call (587) 355-8889 for a free consultation. Available 24 hours a day.
What the Alternative Measures Program Actually Is
The Adult Alternative Measures Program, referred to as AMP, is a diversion program administered by Alberta Justice. It allows individuals charged with certain minor offences who have little or no criminal history to resolve their matter outside the regular court system.
The result of successfully completing the program is straightforward: the Crown withdraws the charges against you. There is no conviction. There is no criminal record.
AMP is not a guilty plea. Accepting the program is not an admission of guilt. It is a formal agreement to complete specific conditions in exchange for the Crown stepping back from the prosecution.
Who Is Eligible for AMP in Alberta
Eligibility for the Alternative Measures Program is determined by the Crown prosecutor on a case-by-case basis. There is no automatic right to be diverted to AMP and the Crown's decision is discretionary. This is exactly why having experienced counsel making the case for your admission matters.
Generally, suitable candidates are individuals charged with a minor summary conviction offence that did not result in substantial harm to persons or property, and who have no criminal record or at most very limited prior history with the criminal justice system.
Offences Commonly Considered for AMP
This list is not exhaustive. Other minor offences may also be considered depending on the specific circumstances and the Crown's assessment.
Drug Charges and AMP
Drug offences can be diverted to AMP in some circumstances but the analysis is more nuanced and depends on the substance and the nature of the charge.
Simple possession of a small amount of cannabis or other lower-schedule substances is commonly considered for diversion. Completion of the program through community service or a charitable donation frequently results in the charges being withdrawn.
Possession of more serious substances including cocaine, heroin, fentanyl, methamphetamine, and ecstasy is treated differently by Crown prosecutors. The threshold for AMP is higher and the Crown's initial position is more often that the accused is not eligible. That initial position is not always final. Experienced counsel can sometimes secure a diversion outcome even where the Crown has initially declined, by presenting the accused's circumstances in a way that addresses the Crown's concerns.
How We Get You Into the Program
This is where the difference between having counsel and not having counsel matters most. The Crown is not required to consider you for AMP and they will not do so automatically. Someone needs to make the case on your behalf.
Before your court appearance, our team asks the judge or Crown to hold the matter over for three weeks to allow time for an AMP referral to be considered. We then make a submission to the Crown that presents your individual story, your personal circumstances, and the context surrounding the incident in a way that earns the referral.
The information that helps this submission:
- Your employment situation and how a criminal record would affect it.
- Your family situation and dependants.
- Your educational background and goals.
- The specific circumstances that led to the incident including any factors that provide context without excusing the conduct.
- Whether you have taken any steps to accept responsibility or make things right with the person affected.
The more fully we understand your situation, the stronger the submission we make to the Crown on your behalf.
What You Have to Do to Complete AMP
If the Crown agrees to a referral and you are accepted into the program, you will enter into an Alternative Measures Agreement that outlines specific conditions tailored to your charges and circumstances. These conditions vary by case but commonly include some combination of:
- Community service work for a specified number of hours.
- A donation to a registered charity in an amount determined by the program.
- A written or personal apology to the person affected.
- Return of property or restitution to the victim where property was involved.
- Enrollment in counselling or a treatment program relevant to the circumstances of the offence.
- Participation in a victim-offender reconciliation program where applicable.
Once you complete the conditions in the agreement, the Crown withdraws the charges. The matter is closed. No conviction is recorded.
What Happens to Your Record After AMP
This is the part people ask about most often and it is important to understand clearly.
Completing AMP does not result in a criminal conviction. AMP does not appear on standard criminal record checks. You are not required to disclose it to most employers.
However, the fact that you accepted AMP can show up on high-level criminal record checks, such as those conducted for government security clearances, for a period of twelve months after completion. A CPIC query by police will also show your enrollment in the program during that period.
After twelve months this information is no longer accessible through standard checks. For the vast majority of people, AMP results in a genuinely clean outcome.
A friction-free defence, four steps.
Calling a criminal lawyer about your charge should not add to your stress. Here is exactly what to expect from Hoare Claxton.
We Listen
You tell us what you are charged with, your criminal history, and the circumstances surrounding the incident. We assess your eligibility for AMP at no charge during the first consultation.
We Identify Your Strengths
We identify every factor in your background and circumstances that supports an AMP referral and build the submission to the Crown around those factors.
We Make the Case to the Crown
We appear on your behalf, request the matter be held for AMP consideration, and present the strongest possible case for your admission to the program.
We Guide You Through Completion
Once you are accepted, we make sure you understand exactly what the agreement requires and support you through completing every condition so the Crown has no grounds to reinstate the charge.
Frequently Asked Questions
What is the Adult Alternative Measures Program in Alberta?+
The Adult Alternative Measures Program is a diversion program that allows individuals charged with minor criminal offences in Alberta to resolve their matter outside the regular court system. If accepted and successfully completed, the Crown withdraws the charges and no criminal conviction is recorded. Acceptance is at the Crown prosecutor's discretion and is not automatic. Having experienced counsel make the submission to the Crown on your behalf significantly improves the likelihood of being admitted to the program.
Will I have a criminal record if I complete the Alternative Measures Program?+
No. Completing AMP does not result in a criminal conviction and does not create a criminal record. AMP is not a guilty plea and is not an admission of guilt. It is an agreement to complete specific conditions in exchange for the Crown withdrawing the charges. The only qualification is that enrollment in the program may appear on high-level government security clearance checks for a period of twelve months after completion. Standard employer background checks do not reveal it.
How does the Crown decide who is eligible for AMP?+
The Crown prosecutor makes an individualized assessment of each person's eligibility based on the nature of the charge, whether the offence caused substantial harm, the accused's criminal history, and the personal circumstances surrounding the incident. There is no automatic entitlement to AMP. The Crown's initial position is not always final and experienced defence counsel regularly secures AMP referrals for clients the Crown initially viewed as ineligible by presenting the individual's circumstances effectively.
Can I get into AMP for a drug charge?+
It depends on the substance and the nature of the charge. Simple possession of small amounts of cannabis or lower-schedule substances is frequently considered for AMP. Possession of more serious substances such as cocaine, heroin, or fentanyl is treated more strictly by prosecutors and the Crown's initial position is more often to decline diversion. That initial position is not always final. Our office has secured AMP outcomes for clients in drug matters where the Crown had initially declined, by presenting the client's circumstances and demonstrating why diversion serves the interests of justice in their specific situation.
What conditions will I have to complete in the AMP program?+
The conditions in an Alternative Measures Agreement are specific to your charges and circumstances. Common conditions include community service hours, a donation to a registered charity, a written or personal apology to the affected person, restitution or return of property, and in some cases enrollment in counselling relevant to the circumstances of the offence. The conditions are designed to be proportionate to the nature of what occurred and achievable within a reasonable timeframe.
What if the Crown says I am not eligible for AMP?+
The Crown's initial assessment is not final. Our team regularly presents additional information about a client's circumstances, background, and the context of the incident that causes the Crown to reconsider an initial refusal. If the Crown will not agree to AMP after a full submission on your behalf, we then focus on achieving the strongest possible outcome at trial or through negotiated resolution. AMP is one avenue to avoiding a criminal record, but it is not the only one.
Does accepting AMP mean I am admitting I am guilty?+
No. Accepting the Alternative Measures Program is not an admission of guilt and is not a finding of guilt by a court. It is a diversion mechanism that allows the matter to be resolved outside the court system. The charges are withdrawn upon successful completion. No conviction is recorded and no guilty finding is made at any stage of the AMP process.
How long does the AMP process take in Alberta?+
The timeline depends on the specific conditions in your Alternative Measures Agreement and how quickly they can be completed. Most clients complete their AMP conditions within three to six months of being accepted into the program. Once conditions are completed and confirmed, the Crown withdraws the charges and the matter is closed.
Charged With a Minor Offence in Calgary?
A criminal record is not the only possible outcome. Call us today and we will tell you honestly whether AMP is a realistic option for your situation.
Call (587) 355-8889. Free consultation. Available 24 hours a day.
Free consultation. Strictly confidential. Peter Hoare, Mike Gilchrist, and Alex Koustov have helped thousands of Calgary clients complete the Alternative Measures Program successfully.
Official Alberta Justice information on the Adult Alternative Measures Program.
