This is Samuel and I will discuss this and provide you information in this regard. Unfortunately, if you were never penalized for the infraction, yes. As long as you are on the diversion probation, he can revoke it.
Breach of Agreement. Upon breach of conditions of the Agreement by the divertee, the Chief Pretrial Services Officer (or the Chief Probation Officer) will so inform the U.S. Attorney, who, in his/her discretion, may initiate prosecution. When prosecution is resumed, the U.S. Attorney must furnish the offender with notice.
The decision to terminate an individual from continuing to participate in pretrial diversion based upon breach of conditions rests exclusively with the U.S. Attorney, with advice from either the Chief Pretrial Services Officer or the Chief Probation Officer.
Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.