Judicial diversion in California lets a judge pause a misdemeanor prosecution for up to 24 months while the defendant completes court-ordered conditions; if the defendant finishes, the judge dismisses the charge. The authority sits in Penal Code section 1001.95, and the judge can grant diversion over a prosecutor’s objection.1Justia. California Penal Code § 1001.95
How the Process Works
The case stays in the superior court that is prosecuting the misdemeanor. A judge may offer diversion at their own discretion and postpone the case for a period of up to 24 months. During that time, the defendant follows the specific terms or programs the judge sets for their situation.1Justia. California Penal Code § 1001.95
The court monitors progress. If the defendant falls out of compliance, the judge schedules a hearing, and if the court finds the requirements have not been met, diversion ends and the original criminal proceedings restart.1Justia. California Penal Code § 1001.95
Which Misdemeanors Are Not Eligible
Diversion under section 1001.95 is a misdemeanor program, but several categories are carved out. A judge cannot grant diversion for:1Justia. California Penal Code § 1001.952Justia. California v. Superior Court (Ortiz) – Section: Summary
- Misdemeanor stalking
- Any offense that requires the defendant to register as a sex offender
- Offenses involving domestic violence
- Driving under the influence
The DUI exclusion comes from separate Vehicle Code provisions and court rulings holding that DUI charges are not eligible for this form of diversion. Most other misdemeanors remain open to the judge’s consideration.2Justia. California v. Superior Court (Ortiz) – Section: Summary
What You Have to Do to Earn a Dismissal
To get the charges dismissed, the defendant must satisfy every condition the court set. Those conditions commonly include:3Justia. California Penal Code § 1001.96
- Completing the specific programs or terms the judge ordered
- Paying full restitution to any victims; inability to pay because of financial hardship cannot be used to deny dismissal
- Complying with any protective orders, stay-away orders, or firearm restrictions the court imposed
Once the defendant completes the requirements, the judge must dismiss the criminal action.3Justia. California Penal Code § 1001.96
What Dismissal Means for Your Record
After a successful diversion, the arrest is generally treated as if it never occurred. There are limited exceptions where the incident must still be disclosed, including applications for certain law enforcement positions.1Justia. California Penal Code § 1001.95