Facing criminal charges can be a life-altering experience, but in California, not every accusation must lead to a conviction and a permanent record. Pretrial diversion programs offer an alternative to traditional prosecution, designed to provide defendants with a second chance.

But what exactly is this system, and how does it work for you?

If you are eligible, pretrial diversion essentially “pauses” the criminal case against you. As an alternative to going ahead with a trial, the defendant agrees to undergo court-approved rehabilitation, treatment, or educational programs like drug counseling or mental health treatment. Once you complete all required conditions, the original criminal charges will be dismissed and typically sealed, allowing you a fresh start. This approach aims for rehabilitation so they can help solve the issues that led to the offense. Plus, you can avoid the devastating long-term consequences of a criminal conviction.

What is Pretrial Diversion?

Pretrial diversion is an important legal tool to help you avoid a criminal conviction and its serious consequences. The program puts the regular prosecution on hold or stops your case while you complete certain conditions ordered by the court.

Instead of proceeding to trial or accepting a verdict, a judge may place you in a supervised program for a specified period, between a few months and two years. These programs aim to address the underlying issues that may have contributed to your arrest. These programs often involve:

  • Substance abuse treatment or counseling
  • Mental health therapy
  • Education classes like anger management or parenting
  • Community service or paying victim restitution

The main goal, and the most important benefit, of diversion is for your charges to be dismissed. If you complete everything required within the given timeframe, the judge will dismiss the case, and no conviction will appear on your record. This ensures you have a real second chance, protecting your job and future.

The process for earning a dismissal varies between programs, more specifically between pure pretrial diversion and DEJ.

With pure pretrial diversion, no plea is required. However, for programs like DEJ (often used in older drug cases), you must enter a guilty plea first. This plea is “held in abeyance,” meaning the judge does not formally accept the plea or enter a conviction. The plea hangs over your head, but only temporarily. If you complete the treatment and conditions successfully, your guilty plea will be withdrawn, and the case will be dismissed. If you do not complete the program, the judge can accept the plea and enter a conviction immediately. This "plea in abeyance" structure ensures compliance while reserving the benefit of a full dismissal for successful participants.

The Life-Changing Benefits of a Diversionary Dismissal

Pretrial diversion programs can help you avoid trial, but they also provide so much more than that. Through diversion, you can earn a dismissal of your charges. This protects you from the harsh collateral consequences that even a very minor criminal conviction can bring. Some of the key benefits include:

Securing a Future Without Conviction

If you complete a pretrial diversion program, the most significant benefit you will enjoy is a case dismissal, meaning you will not be convicted. Unlike traditional plea bargains, whereby you may still plead guilty to a lesser crime with a permanent record of guilt, the diversion leaves the charges off the record. As a result, you will have a legitimate answer that you can provide on most job and school applications once the case closes, stating you were not convicted of that crime. Your restored future is built around this core legal protection.

Restoring Employment and Professional Licensing

Earning a dismissal helps you keep your job and makes your life easier. Most employers conduct criminal background checks, and a criminal conviction can often be a disqualification or a significant hindrance.  In contrast, when a case is dismissed, you do not have that stigma and can continue looking for a job, which improves your chances of getting a job that means something to you.

Also, a clean outcome is important for professional licensing. People who receive state licensure, like doctors, nurses, teachers, real estate agents, and other professionals, are often sanctioned or lose their credentials because of a conviction. When you complete the diversion program successfully, you will avoid this significant obstacle and can keep your job or chosen career.

Protecting Housing, Loans, and Immigration Status

Beyond your professional life, you positively affect all other areas of your well-being. Landlords and financial institutions typically review applicants' criminal backgrounds when people apply for housing or loans. A dismissed case is viewed far more favorably than a conviction, minimizing the risk of denial and making essential services more accessible for you. There are fewer risks of denial, and access to essential services can be easier.

Most importantly, the dismissal offers great protection against damaging immigration consequences. A criminal conviction can lead to deportation, inadmissibility, or barring from naturalization for non-citizens, even for misdemeanors. If your case is dismissed through diversion, you will remove this conviction's threat to your status and presence in the country. By not going to jail, you are guaranteeing your long-term stability and full potential.

Types of Pretrial Diversion Programs

California has several kinds of pretrial diversion aimed at specific underlying causes of criminality. Through these programs, you receive the treatment and tools that apply to you instead of just punishment. They include:

Diversion for Mental Health (Penal Code 1001.36)

Sometimes, a person’s mental illness can be the reason they committed the crime. The mental health diversion program considers this factor in eligibility decisions. If you have been diagnosed with a qualifying mental health condition, like bipolar disorder, schizophrenia, or PTSD, and a mental health professional believes the condition was a substantial factor in the commission of the charged crime, you become eligible.

The mechanism of mental health diversion applies to a wide range of misdemeanors and felonies. However, a murder, voluntary manslaughter, or any other offense that would require you to register as a sex offender is excluded. If the court orders diversion, prosecution is suspended for up to two years while you complete a court-approved community mental health treatment plan. This plan usually has therapy, drug therapy, and other support services. If you complete the plan successfully, your case will be dismissed.

Drug Diversion (Penal Code § 1000)

Commonly known as PC 1000 diversion, this option is available to individuals who have been charged with targeted non-violent, low-level drug possession or drug use crimes. This program focuses on treatment instead of incarceration for those involved with narcotics.

To be eligible, the charges must be for simple possession of drugs for personal use, and you must not have a conviction for any non-drug felony in the past five years. If granted, participants are diverted to drug education and treatment instead of facing a conviction. The court sets out the specific plan and time frame, which often involves group therapy and education about drugs. The ultimate outcome is the same: The court dismisses the case once the terms are successfully met. The goal of this program is to help low-level offenders stop using drugs and committing criminal acts.

Military or Veteran Diversion (Penal Code § 1001.80)

This program is intended for current or former military members charged with a misdemeanor, including DUI (Driving Under the Influence). You need to have a mental health disorder like PTSD or traumatic brain injury (TBI), or a substance abuse problem caused by your military service to qualify.

You and your lawyer must file a motion showing this link between your condition related to service and the commission of the crime. If a judge determines that you are suitable and eligible, the prosecution is suspended for up to two years while you complete a treatment plan, which is typically managed with the Department of Veterans Affairs (VA). This way, you can access specialized care for service-related issues. Once verified that you have completed your treatment, the court will dismiss the case.

Judicial Diversion (Penal Code § 1001.95)

Judicial diversion is California’s most general and recent statewide diversion program. It provides a broad safety net for many low-level offenses. The judge can grant diversion for almost all misdemeanor offenses, even if the prosecutor objects.

The exceptions are the same as for mental health diversion. This means an offense involving domestic violence, stalking, or sex offender registration is excluded. A restitution program can last from about six months to two years. You may have to complete educational classes, community service, or pay restitution.

Because it is granted at the judge's discretion, it has been the easiest way to ensure that many misdemeanor offenders earn a complete dismissal and avoid a criminal record.

Bad Check Diversion (Penal Code § 1001.60)

There is a limited diversion program for those charged with writing non-sufficient funds or “bad” checks.  The program focuses on remediation rather than punishment. To enter, you usually pay the victim back, pay any admin fees, and take a financial literacy class. The court will dismiss charges if you can successfully meet these financial and educational obligations. This program effectively tackles these economic crimes and also guarantees victim compensation.

Who is Eligible?

California’s diversion programs do not focus on punishment but rehabilitation. The court will first examine whether you are a suitable candidate for treatment and would benefit from addressing the underlying issues instead of going to jail. Some legal specifics apply to each pathway, but many more legal factors apply to determine your qualification for a pre-trial diversion.

Most diversion options are reserved for charges made against non-violent offenses. Crimes related to violence, threats of violence, domestic violence, or any crime for which you would have to register as a sex offender would not qualify for a diversionary dismissal.  The exclusionary rule seeks to provide for the safety of others above all else.

Also, your previous crime history matters a lot. Offenders with little or no criminal record are usually the candidates for diversion programs. Although some pathways are available for felony charges, others are exclusively reserved for misdemeanors. Even with felonies included, you will often be disqualified due to a recent felony conviction or certain other disqualifying prior offenses within the last five years.

In addition to serious crimes and extensive criminal record exclusions, general eligibility hinges on proving you are a suitable candidate for the court's rehabilitative approach. Usually, this means establishing a clear link between your own personal circumstances and the crime committed:

  • Establishing the link —  For programs with a treatment focus, you must show that an underlying issue, a mental illness, substance use problem, service-related trauma, or similar mental disorder was a contributing factor to the offense.
  • Demonstrating motivation — The court needs to know you want to participate in treatment, like therapy or community service.
  • Risk assessment —The judge ultimately decides that placing you in a treatment program in the community instead of prosecution will not pose an unreasonable risk.

To have that important case dismissed, you need to satisfy these general and program-specific requirements with documentation and legal argument, or your compliance will be insufficient.

The Diversion Process

To enroll in a pretrial diversion program, creating a legal strategy and executing it correctly is important. This step-by-step guide takes you through everything from the initial assessment of your charges to the final critical dismissal of you.

Step 1: Initial Eligibility Assessment

The process begins with an assessment by your attorney of whether pretrial diversion may benefit you. The first step may involve looking over the facts surrounding your case and what you are charged with. Your lawyer assesses which diversion programs you could qualify for legally, which will be your defense's first step.

Moreover, you should start gathering medical records, discharge papers, and other documentation supporting your ability to rehabilitate instead of deserving punishment or other issues related to your offense.

Step 2: File the actual motion for diversion

After identifying the appropriate program, your attorney moves the process forward by filing a formal Motion for Diversion with the court. This written request will ask the judge to stop the criminal case against you. This motion will require significant attachments for specialized programs, particularly expert reports.

For example, suppose you are seeking mental health diversion. In that case, you will need a thorough psychological or psychiatric assessment from a qualified expert who can confirm your diagnosis and that the mental disorder contributed greatly to the offense. These legal documents turn your request from a simple request into a legal argument.

Step 3: The diversion hearing and judicial grant

The court sets a diversion hearing, where the judge hears arguments from the defense and prosecution. Your lawyer puts forward the motion and evidence to argue that you meet all statutory eligibility requirements and that diversion would be in the interest of justice and public safety. The prosecutor can object, but under many statutes, it is at the judge's discretion to grant diversion. If the judge agrees to your request, the judge will issue a formal order pausing your case. The order will set out the terms and timeline by which you must complete your program. This can last for a maximum of two years.

Step 4: Active Program Completion

While your criminal case will be on hold, you will enter the active program period. You must comply with all of the court's orders during this time. Probationers usually have to attend mandatory therapy sessions or classes like anti-theft and anger management. They will also be drug tested and have to pay restitution to victims. It is your ongoing commitment that will ensure the success of the process.

The judge can revoke the diversion if you fail to attend the meetings, re-offend, or breach any term. This then reinstates the original criminal charge against you.

Step 5: Earning the Final Dismissal

When all conditions are met and after you finish your diversion, you return to court for the dismissal hearing. You show proof of completion, like providing certificates and reports. After reviewing the record, the judge issues a final decision to dismiss the criminal charges. When this happens, there is no longer a conviction, and it seals the arrest record in many cases, thus officially completing your successful diversion.

What Happens if You Fail to Complete the Program?

If you fail to comply with the terms of your pretrial diversion, the consequences can be severe and immediate. You must understand the risks involved. You only earn this opportunity if you are totally committed to rehab and stay committed.

If you fail to complete the court-ordered requirements, for example, skip out on counseling, fail a drug test, be expelled from a program, or, most importantly, pick up a new criminal charge, you will be formally kicked out of the diversion program by the judge. It is done fast and leaves no chance of dismissal. Your criminal proceedings against you will be immediately reinstated, and the case will go back onto the court calendar as it stood before diversion was granted.

Once terminated, prosecution will continue as if diversion was never a possibility. You will face the original charges and penalties without a rehabilitative option. If you entered the program through a Deferred Entry of Judgment (DEJ), which means you entered a guilty plea that was put on hold, the impact is more straightforward. The judge can officially accept the guilty plea you entered earlier and sentence you directly to the charge. In other words, you miss out on a trial, go straight to jail, pay fines, or serve probation terms. You will also have a permanent criminal conviction. In other words, if you fail to complete the program, you will lose your second chance and receive the full brunt of the law for the first charge.

Find a Criminal Defense Attorney Near Me

Pretrial Diversion represents more than just a legal loophole; it is California’s profound commitment to second chances. In short, for you, the defendant, successfully navigating this path can help you turn the crisis into an opportunity for rehabilitation, leading to dismissal of the charges against you and absence of a criminal record. You do not just avoid punishment. You restore your future.

Do not delay taking action when you or your loved one is facing charges. Contact the Los Angeles Criminal Attorney immediately to determine if you qualify, and begin securing the dismissal that preserves your career, license, and freedom. Contact us at 424-333-0943.