What Is a Diversion Program in California? Who Qualifies and How It Works

Imagine being charged with a crime and hearing your lawyer say, “There may be a way to end this without a conviction.”

For many people in California, that way is a diversion program. Instead of going to trial or taking a plea deal, you complete a set of steps, such as treatment or classes. If you finish, the judge dismisses your case.

It sounds almost too good to be true, so it is fair to have questions. Who qualifies? What do you have to do? What happens if you slip up? This guide explains how diversion works in California, in plain words, with real examples.

What Is a Diversion Program?

A diversion program is a way to move, or “divert,” a criminal case away from the normal court process. The case is put on pause while you meet certain conditions set by the judge.

Here is the basic deal:

• You agree to follow the program terms, such as treatment, classes, or community service.
• The court pauses your case for a set period of time.
• If you finish successfully, the judge dismisses the charges.
• If you do not, the case can pick up where it left off.

Simple example: Carlos, a 24-year-old with no record, is charged with simple drug possession in Bakersfield. Instead of pleading guilty, he is granted drug diversion. He completes a drug education program over the next year. At the end, the judge dismisses his case.

Most California diversion programs are “pretrial,” which means they happen before any guilty plea or trial. That is a big part of why they are so valuable.

Types of Diversion Programs in California

California has several diversion laws. Each one is built for a different kind of person or charge. Here is a side-by-side look:

Drug diversion (Penal Code 1000)

This is one of the most common types. Under Penal Code 1000, it covers charges such as simple possession of a controlled substance or being under the influence. It does not cover selling or transporting drugs.

To qualify, all of these must usually be true:

• No drug conviction in the past five years (other than the minor offenses the law lists)
• The charge did not involve violence or threats of violence
• No other more serious drug crime is tied to the same case
• No felony conviction in the past five years

The prosecutor reviews your file first and tells the court whether you meet these rules. If you are facing a possession charge, speaking with a Bakersfield drug crime lawyer early can help you find out if this option is open to you. It also helps to understand what is at stake without diversion, such as the possible jail time for drug possession.

Mental health diversion (Penal Code 1001.36)

This program is for people whose mental health condition played a part in the charge. Under Penal Code 1001.36, you must have a diagnosed mental disorder, such as bipolar disorder, schizophrenia, or post-traumatic stress disorder (PTSD). A qualified mental health expert must also believe your symptoms would respond to treatment.

This program can apply to both misdemeanors and felonies. However, some serious charges are excluded, such as murder, manslaughter, rape, and most offenses that require sex offender registration.

Misdemeanor diversion (Penal Code 1001.95)

This is sometimes called “judicial diversion” because the judge decides. Under Penal Code 1001.95, a judge can offer diversion for a misdemeanor even if the prosecutor objects.

It covers a wide range of misdemeanors, such as petty theft or vandalism. It does not cover:

• Offenses that would require sex offender registration
• Domestic violence offenses
• Stalking

If you are dealing with a lower-level charge, a misdemeanor lawyer in Bakersfield can ask the judge to consider this option.

Military diversion (Penal Code 1001.80)

This program is for people who are serving, or have served, in the U.S. military. Under Penal Code 1001.80, you may qualify if you are dealing with a condition linked to your service, such as PTSD, a traumatic brain injury, substance abuse, sexual trauma, or other mental health problems. It now covers misdemeanors and many felonies, with some serious offenses excluded.

Who Qualifies for Diversion in California?

There is no single answer, because each program has its own rules. But judges and prosecutors often look at the same basic things:

• The type of charge. Violent, sex-related, and domestic violence charges are often excluded.
• Your record. A clean or limited record usually helps.
• The link to an underlying issue. For drug, mental health, and military diversion, the program is meant to treat the cause.
• Your willingness to take part. You must agree to diversion. No one can force you into it.

Can You Get Diversion for a DUI in California?

Usually not. California Vehicle Code 23640 generally stops courts from using diversion in DUI cases. Courts have ruled that this applies to misdemeanor diversion under Penal Code 1001.95 too.

There is one clear exception. Military diversion under Penal Code 1001.80 specifically allows misdemeanor DUI charges. Even then, the DMV can still take action against your license.

If you are facing a DUI, talking to a Bakersfield DUI lawyer is the best way to learn what other options may be available.

How the Diversion Process Works

Every case is a little different, but the process usually looks like this:

1. You are charged. Diversion often comes up at or soon after your arraignment, the first court hearing where charges are read.
2. Eligibility is reviewed. Depending on the program, the prosecutor, the judge, or a mental health expert looks at whether you qualify.
3. The court holds a hearing. The judge decides whether to grant diversion and sets the terms.
4. You complete the program. This can include treatment, classes, drug testing, community service, or paying restitution (money to repay a victim’s losses). The court usually gets progress reports.
5. The case ends. If you finish successfully, the judge dismisses the charges.

What Happens If You Complete or Fail Diversion?

Failing does not always mean the door slams shut. The court usually holds a hearing first. A lawyer can explain what happened and ask the judge to give you another chance.

Diversion vs. Probation vs. Plea Deal

People often mix these up. Here is how they compare:

In short, diversion is often the best result short of a full dismissal. If diversion is not available, a plea deal or a later expungement in California may still help protect your future.

How a Bakersfield Defense Lawyer Can Help

Diversion is not automatic. Someone has to ask for it, show that you qualify, and make a strong case to the judge. A defense lawyer can:

• Spot the right program. Some people qualify for more than one.
• Gather the proof. For example, medical records for mental health diversion or service records for military diversion.
• Push back when you are found ineligible. Especially when the judge, not the prosecutor, has the final say.
• Help you stay on track. And speak up for you if a problem comes up during the program.

Frequently Asked Questions About Diversion Programs

How long is a diversion program in California?

It depends on the program. Drug diversion lasts 12 to 18 months. Misdemeanor diversion can last up to 24 months. Mental health diversion lasts up to two years for a felony and up to one year for a misdemeanor. Military diversion can last up to two years.

How much does a diversion program cost?

Costs vary by program and county. You may have to pay for classes, treatment, or testing. For drug diversion, the law allows referrals to programs certified by the county or to programs that are free for the participant. For mental health diversion, the law says being unable to pay restitution because you are poor cannot, by itself, keep you out of the program.

Is diversion better than probation?

In most cases, yes. Diversion can end with your charges dismissed and no conviction. Probation comes after a conviction, so the conviction stays on your record unless it is later expunged.

Do you have to plead guilty to get diversion?

Not for the main California programs. Drug, mental health, misdemeanor, and military diversion all happen before a plea. You must agree to take part, and you may need to give up your right to a speedy trial while the case is paused.

Can you get diversion for a felony?

Sometimes. Mental health diversion and military diversion can apply to many felonies, though some serious charges are excluded. Drug diversion and misdemeanor diversion do not cover most felonies.

Does diversion show up on a background check?

It depends on the program. For drug and military diversion, the law says the arrest is treated as if it never happened after you finish, and drug diversion records may be sealed. There are a few exceptions, so ask a lawyer how it applies to your situation.

What are the two main kinds of diversion programs?

Diversion programs are often grouped as pretrial programs, which happen before any plea, and post-plea programs, which happen after a guilty plea. Most of California’s main diversion laws are pretrial programs.

Facing Charges in Kern County? Ask About Diversion First

A diversion program can be the difference between a criminal record and a clean slate. But the rules are detailed, and the best chance to ask for diversion is often early in the case.

At the Law Office of David L. Faulkner, we look at every option before you make a decision, including whether you qualify for diversion. If you or someone you love has been charged, our Bakersfield criminal defense lawyer can review your case and explain your choices in plain words.

Call (661) 324-4777 for a free, confidential consultation or contact us online.