California diversion programs let you pause a criminal case, complete court-ordered conditions, and have the charges dismissed. Four main tracks cover most situations: general misdemeanor diversion under Penal Code 1001.95, mental health diversion under Penal Code 1001.36, drug diversion under Penal Code 1000, and military veteran diversion under Penal Code 1001.80. Which one fits you depends on the charge, your background, and whether a mental health condition or military service played a role.
Misdemeanor Diversion Under Penal Code 1001.95
This is the broadest option. A judge can offer diversion on their own initiative and can grant it over a prosecutor’s objection, keeping the case open for up to 24 months while you complete whatever conditions the court sets — counseling, community service, education classes, or restitution.1California Legislative Information. California Code Penal Code 1001.95 – Court Initiated Misdemeanor Diversion
Eligibility turns on what you are currently charged with, not your record. Only three categories of current charges are excluded:
- Any misdemeanor that would require sex offender registration on conviction.
- Any offense classified as domestic violence under Family Code 6211 or Penal Code 13700.
- Stalking under Penal Code 646.9.
If your current charge is not on that list, the judge can consider diversion regardless of prior convictions.1California Legislative Information. California Code Penal Code 1001.95 – Court Initiated Misdemeanor Diversion A past felony does not automatically disqualify you, though the judge still weighs your circumstances and the facts of the case.
Mental Health Diversion Under Penal Code 1001.36
Mental health diversion covers both misdemeanors and felonies when a qualifying condition contributed to the offense. The court evaluates two separate questions: whether you are eligible, and whether you are suitable.
Eligibility
You need a diagnosis under the current Diagnostic and Statistical Manual of Mental Disorders. The statute lists bipolar disorder, schizophrenia, schizoaffective disorder, and PTSD as examples, but any recognized diagnosis qualifies except antisocial personality disorder and pedophilia.2California Legislative Information. California Penal Code 1001.36 You also need evidence of diagnosis or treatment within the last five years from a qualified mental health professional.
The condition must have been a significant factor in the offense. Once you show a qualifying diagnosis, the court must presume the disorder was a significant factor unless the prosecution rebuts that presumption with clear and convincing evidence.2California Legislative Information. California Penal Code 1001.36
Suitability
Even eligible defendants must be found suitable. A qualified mental health expert must believe your symptoms would respond to treatment. You have to consent to diversion, waive your right to a speedy trial, and agree to follow the treatment plan. The court must also conclude that treating you in the community would not create an unreasonable risk to public safety.3California Legislative Information. California Code PEN 1001.36
Excluded Charges and Duration
Some serious charges are off the table regardless of diagnosis: murder, voluntary manslaughter, rape, lewd acts on a child under 14, assault with intent to commit a sex offense, continuous sexual abuse of a child, and most offenses requiring sex offender registration, with a narrow exception for indecent exposure under Penal Code 314.2California Legislative Information. California Penal Code 1001.36 If granted, diversion runs up to two years for a felony and up to one year for a misdemeanor.
Drug Diversion Under Penal Code 1000
Penal Code 1000 handles simple drug possession through pretrial diversion. The program was once called Deferred Entry of Judgment, but it has been restructured so no guilty plea is required — the case is simply paused while you complete a drug treatment or education program.4California Legislative Information. California Code Penal Code 1000
Eligible charges include possession of controlled substances, being under the influence, possession of drug paraphernalia, and certain marijuana cultivation charges for personal use. To qualify, you must meet all of the following:
- No conviction for a controlled substance offense (other than those listed in the statute) within the past five years.
- The charged offense did not involve violence or threatened violence.
- No evidence of drug activity beyond the listed eligible offenses.
- No felony conviction of any kind within the past five years.
Diversion typically runs 12 to 18 months, with room to request additional time. Complete the program and the charges are dismissed, with no conviction on your record for any purpose.4California Legislative Information. California Code Penal Code 1000
Treatment-Mandated Felonies Under Proposition 36 (2024)
Voters approved a new Proposition 36 in November 2024, creating “treatment-mandated felonies” for repeat offenders who possess hard drugs like fentanyl, heroin, cocaine, or methamphetamine. It applies if you have two or more prior convictions for specified drug offenses.5California Secretary of State. Proposition 36 Text of Proposed Laws
This program differs from PC 1000 in one important way: you must plead guilty or no contest before entering treatment. The plea does not become a conviction unless you fail the program. Complete treatment with a positive recommendation and the court dismisses the charge.5California Secretary of State. Proposition 36 Text of Proposed Laws The required plea has serious consequences for non-citizens, discussed below.
Military Veteran Diversion Under Penal Code 1001.80
Current and former U.S. military members have a dedicated program that covers both misdemeanors and felonies. The core requirement is a service-connected condition such as PTSD, traumatic brain injury, military sexual trauma, substance abuse, or other mental health problems.6California Legislative Information. California Penal Code 1001.80
For a misdemeanor, you need only show you may be suffering from a qualifying service-related condition. For a felony, the condition must have been a significant factor in the offense. As with mental health diversion, the court presumes the condition was a significant factor once you establish it, unless the prosecution proves otherwise.6California Legislative Information. California Penal Code 1001.80
The same serious offenses excluded from mental health diversion are excluded here: murder, voluntary manslaughter, rape, lewd acts on a child, and most sex offenses requiring registration. Diversion lasts up to two years, with progress reports every six months.6California Legislative Information. California Penal Code 1001.80
How Diversion Works in Practice
Diversion usually starts with a motion from your defense attorney, though for misdemeanor diversion a judge can raise it on their own. The court holds a hearing to decide whether you qualify and what conditions to impose. If granted, prosecution is suspended and the clock starts on your diversion period.
During that period you must follow every condition set by the court. Depending on the program, that can mean regular check-ins, counseling or treatment sessions, community service, restitution to a victim, or some combination. The court monitors compliance through periodic reports. Complete everything and the judge dismisses the charges; the arrest is generally treated as if it never happened, and you do not have to disclose the charge on most applications, with a narrow exception for law enforcement jobs.1California Legislative Information. California Code Penal Code 1001.95 – Court Initiated Misdemeanor Diversion
Violate the conditions or pick up a new charge, and the court can terminate diversion and restart the original case. You then face the original charges as though diversion never happened, and judges tend to be far less sympathetic the second time around.
What a Dismissal Does and Does Not Erase
A diversion dismissal is not the same as never having been arrested. California treats the arrest as if it did not occur for most disclosure purposes, but the arrest record itself may linger in databases, especially at the federal level. The FBI keeps its own records of arrests reported by state and local agencies, and those are not automatically updated when a California court grants a diversion dismissal.
Private background check companies have limits on what they can report. Under the Fair Credit Reporting Act, non-conviction records like a dismissed charge generally cannot be reported more than seven years after the charge was filed. After diversion, it’s worth confirming that court records reflect the dismissal accurately. Requesting a copy of your criminal history from the California Department of Justice is a reasonable precaution before you apply for a job or professional license.
Immigration Consequences for Non-Citizens
Federal immigration law uses its own definition of “conviction” that does not match California’s, and a case California considers dismissed can still count as a conviction for deportation or visa purposes. A conviction exists for immigration purposes when two conditions are both met: you entered a guilty plea, a no-contest plea, or admitted facts sufficient for guilt, and a judge imposed some form of punishment or restraint on your liberty.7Office of the Law Revision Counsel. 8 USC 1101 – Definitions Diversion conditions like mandatory treatment, community service, or court supervision can qualify as a restraint on liberty.
Programs that do not require a guilty plea, like PC 1000 drug diversion and PC 1001.95 misdemeanor diversion, are generally immigration-safe. USCIS policy states that a pretrial diversion program requiring no admission or finding of guilt may not count as a conviction for immigration purposes.8U.S. Citizenship and Immigration Services. Adjudicative Factors Programs that do require a plea, like the 2024 Proposition 36 treatment-mandated felony track, are far riskier. Even after a California dismissal, immigration authorities can point to the plea and the court-ordered treatment conditions as meeting both prongs of the federal test. If you are not a U.S. citizen, talk to an immigration attorney before accepting any diversion that involves admitting guilt.
Commercial Driver’s License Holders Cannot Divert Traffic Offenses
If you hold a CDL, federal law blocks California courts from using diversion to keep traffic violations off your driving record. Under 49 CFR 384.226, states cannot mask, defer judgment, or allow diversion for any traffic violation committed by a CDL holder in any type of vehicle.9eCFR. 49 CFR 384.226 The rule exists so that CDL enforcement rests on a complete driving history.
This limit applies to traffic offenses, not every criminal charge. A CDL holder facing a non-traffic misdemeanor like petty theft can still be considered for diversion under PC 1001.95. Any traffic-related charge, though — whether in a commercial or personal vehicle — must remain on the driving record regardless of how the criminal case ends.