Diversion Programs in California Criminal Defense

At Jones Trial Attorneys, we believe that not every criminal case should end with a conviction. 

In fact, California law offers multiple diversion programs that can help eligible defendants avoid a criminal record entirely. 

If you or a loved one is facing criminal charges in San Diego, understanding these options could change the outcome—and your future. 

Our experienced team knows how to identify diversion opportunities and negotiate resolutions that keep our clients’ records clean whenever possible. 

What is Diversion? 

Diversion is a legal process that pauses or postpones criminal prosecution to allow the defendant to complete specific conditions (like classes, counseling, or community service). 

If the defendant completes the program successfully, the case can be dismissed and the charges erased from their record. 

Different types of diversion are available depending on the charges and personal circumstances of the defendant. 

Types of Diversion Programs in California 

Judicial Diversion (Penal Code § 1001.95) 

Judicial diversion, authorized under Penal Code § 1001.95, allows judges—without prosecution approval—to offer diversion to most misdemeanor defendants. 

Eligibility: 

• Most misdemeanor offenses 

• Some exceptions apply (e.g., offenses requiring sex offender registration, domestic violence, and certain DUI cases) 

Typical Conditions Include: 

• Payment of restitution (if applicable) 

• Participation in self-help classes (e.g., anger management, theft prevention, drug education) 

• Community service or volunteer work 

• Compliance with court orders for a defined period (up to 24 months) 

Key Benefits: 

• If the defendant successfully completes the conditions, the court will dismiss the case. 

• The arrest and charges are deemed never to have occurred for most purposes (with some exceptions, such as disclosure for peace officer applications). 

Military Diversion (Penal Code § 1001.80) 

For current or former members of the U.S. Armed Forces suffering from service-related issues like PTSD, TBI, substance abuse, or mental health problems, Penal Code § 1001.80 offers military diversion. 

Eligibility: 

• Defendant must suffer from a service-related mental health or substance use issue 

• Applies to misdemeanor charges (felonies are not eligible) 

Typical Conditions Include: 

• Mental health treatment through VA or court-approved providers 

• Substance abuse counseling 

• Regular progress reports to the court 

Key Benefits: 

• If diversion is completed, charges are dismissed. 

• The arrest is treated as if it never occurred, with similar protections as judicial diversion. 

Mental Health Diversion (Penal Code § 1001.36) 

Under Penal Code § 1001.36, defendants with diagnosed mental health conditions that played a significant role in their alleged offense may qualify for mental health diversion. 

Eligibility: 

• Defendant suffers from a diagnosed mental disorder 

• Disorder was a significant factor in the commission of the offense 

• Mental health treatment would benefit the defendant and reduce the risk of future criminality 

• Public safety is not unreasonably endangered by diversion 

Typical Conditions Include: 

• Enrollment in an approved mental health treatment program 

• Compliance with treatment plans and court supervision 

Key Benefits: 

• Upon successful completion of treatment, the charges are dismissed. 

• No conviction record results. 

Deferred Entry of Judgment (Penal Code §§ 1000–1000.4) 

Also known as “formal” diversion, deferred entry of judgment allows eligible defendants (mostly in drug cases) to plead guilty but have sentencing postponed. 

If the defendant completes treatment successfully, the guilty plea is withdrawn and the case is dismissed. 

Eligibility: 

• Nonviolent drug possession offenses 

• No prior serious or violent felonies 

• No prior diversion failures within the past five years 

Informal Diversion / Pretrial Agreements 

Sometimes, there is no formal statute controlling diversion—but good lawyering can create it. 

In many cases, especially misdemeanors or low-level felonies, we negotiate informal agreements with the prosecution: 

Typical Agreements: 

• Delay proceedings for 3–6 months 

• Defendant completes community service, pays restitution, or attends counseling 

• In exchange, charges are reduced or dismissed altogether 

Key Statutory Authority: 

• Penal Code § 1385 allows dismissal of cases “in furtherance of justice,” providing a framework for prosecutors and judges to reward rehabilitation efforts. 

Why Choose Jones Trial Attorneys? 

Diversion is not automatic. 

Eligibility must be proven, documents must be submitted correctly, and judges must be persuaded that diversion serves the interests of justice. 

At Jones Trial Attorneys, we approach every diversion case with the same thorough preparation and strategic advocacy we bring to jury trials. 

We build a compelling narrative for why you deserve a second chance—and fight for the result that protects your record and your future. 

Talk to a Criminal Defense Attorney About Diversion 

If you’re charged with a crime in San Diego, don’t assume you have to plead guilty. You may qualify for a diversion program that can wipe the slate clean. 

Call us today at 📞 (866) JTA-WINS or Schedule a Free Consultation using the form below. 

Your future is worth fighting for—and we’re ready to help.