California has four main diversion programs that can pause your criminal case and end in dismissal if you complete what the court orders: 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 depends on what you’re charged with, your background, and whether a mental health condition or military service played a role in the offense. The programs differ on eligibility, length, and — critically for some people — whether you have to plead guilty to enter.
Misdemeanor Diversion Under Penal Code 1001.95
This is California’s broadest diversion option and covers most misdemeanor offenses. A judge can offer it on their own initiative, even over the prosecutor’s objection, and can keep the case open for up to 24 months while you complete conditions like 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’re currently charged with, not your record. Only three current charges are excluded:
- Any offense 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 isn’t in one of those three categories, the judge can consider diversion regardless of your prior record.1California Legislative Information. California Code Penal Code 1001.95 – Court Initiated Misdemeanor Diversion A past felony conviction does not automatically disqualify you. The judge still weighs your circumstances and the facts of the case in deciding whether diversion makes sense.
Mental Health Diversion Under Penal Code 1001.36
Mental health diversion is available for both misdemeanors and felonies when a qualifying mental health condition played a role in the offense. The court answers two separate questions: are you eligible, and are you suitable.
Eligibility
You need a diagnosis from the current edition of the Diagnostic and Statistical Manual of Mental Disorders. The statute names bipolar disorder, schizophrenia, schizoaffective disorder, and PTSD as examples, and 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 from a qualified mental health professional within the last five years.
The condition must have been a significant factor in the commission of the charged offense. Once you show you have a qualifying diagnosis, the court must presume the disorder was a significant factor unless the prosecution proves otherwise by clear and convincing evidence.2California Legislative Information. California Penal Code 1001.36
Suitability
Eligibility isn’t enough on its own. 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. And the court must 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 Offenses and Length
Certain charges are off the table no matter the 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
California handles drug possession through pretrial diversion under Penal Code 1000. 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 for personal use. To qualify, you must meet all of the following:
- No conviction for a controlled substance offense (outside the ones the statute lists) within the past five years.
- The charged offense didn’t 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 the option to request more 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
Voters approved a new Proposition 36 in November 2024, creating “treatment-mandated felonies” for repeat drug offenders possessing 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
One difference from PC 1000 matters a great deal: you must plead guilty or no contest before entering treatment. That plea doesn’t 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 For non-citizens, that up-front plea is a serious problem, as explained below.
Military Veteran Diversion Under Penal Code 1001.80
Current and former members of the United States military have their own diversion program covering both misdemeanors and felonies. The core requirement is that you are suffering from a condition connected to your service — PTSD, traumatic brain injury, 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-connected condition. For a felony, the bar is higher: the condition must have been a significant factor in the offense. As with mental health diversion, once you establish the condition, the court presumes it was a significant factor 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 can last up to two years, with progress reports every six months.6California Legislative Information. California Penal Code 1001.80
How the Process Works and What Dismissal Means
Diversion usually starts when your defense attorney files a motion. For misdemeanor diversion, the judge can raise it independently. The court holds a hearing, decides whether you qualify, and if so sets your conditions. Your criminal case is suspended and the diversion clock starts.
During diversion, you follow every condition the court sets. Depending on the program, that means some mix of court check-ins, counseling or treatment, community service, and restitution. The court monitors compliance through periodic reports. Miss dates or pick up a new charge, and the court can terminate diversion and restart the original prosecution — with you facing the original charges as if diversion never happened.
When you complete all conditions, the judge dismisses the charges. The arrest is generally treated as though it never occurred, and you are not required 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
Immigration Consequences for Non-Citizens
California diversion can either protect you or create a trap, and the difference is whether the program required a guilty plea. Federal immigration law defines “conviction” on its own terms, and a case California treats as dismissed can still count as a conviction for deportation or visa purposes.7Office of the Law Revision Counsel. 8 USC 1101 – Definitions
Under federal law, a conviction exists for immigration purposes when both prongs are met: you entered a guilty plea, no-contest plea, or admission of facts sufficient for a finding of 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 don’t require a guilty plea — 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 guilty 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 as meeting both prongs. If you are not a U.S. citizen, talk to an immigration attorney before accepting any diversion that involves admitting guilt.
If You Hold a Commercial Driver’s License
Federal law blocks California courts from using diversion to keep traffic violations off a CDL holder’s driving record. Under 49 CFR 384.226, states cannot mask, defer judgment, or allow diversion for any traffic violation by a CDL holder in any type of vehicle.9eCFR. 49 CFR 384.226 The restriction is specific to traffic offenses. A CDL holder charged with a non-traffic misdemeanor like petty theft could still be eligible for diversion under PC 1001.95. But any traffic-related charge, whether committed in a commercial vehicle or a personal car, stays on the driving record no matter how the criminal case is resolved.