Pretrial Diversion in California: How to Get Charges Dismissed

For many people facing criminal charges, the best outcome is not a lighter sentence. It is a case that ends with no conviction at all. California's pretrial diversion programs make that possible, yet they are underused, partly because many defendants never hear about them before they plead guilty.

What is pretrial diversion?

Diversion is a court-approved pause in a criminal case. Instead of moving toward trial or a plea deal, the case is put on hold while you complete conditions set by the judge. Typical conditions include classes or counseling, treatment, community service, restitution, staying out of trouble, and progress reviews in court. When you finish, the case is dismissed. If you do not, the case picks up where it left off.

Most California diversion programs do not require a guilty plea. That matters: a dismissal after diversion means there is no conviction for employers or licensing boards to see, and in most cases none for immigration authorities either.

Which diversion programs are available in California?

Misdemeanor diversion (Penal Code 1001.95)

Since 2021, judges can grant diversion for most misdemeanors, even over the prosecutor's objection, for up to 24 months. Excluded offenses include crimes that require sex offender registration, domestic violence charges under PC 273.5 and PC 243(e), and stalking. California appellate courts have also held that DUI charges are not eligible.

Mental health diversion (Penal Code 1001.36)

If a qualified mental health professional has diagnosed you with a mental health condition within the last five years, such as depression, PTSD, or bipolar disorder, a judge can grant diversion for many misdemeanors and felonies. Since 2023, the court presumes the condition was a significant factor in the offense unless the prosecution shows clear and convincing evidence that it was not. The judge must also find that treatment would help and that you would not pose an unreasonable risk of committing a very serious violent offense. Programs last up to two years for a felony and one year for a misdemeanor. Murder, voluntary manslaughter, rape, and most offenses that require sex offender registration are excluded.

Drug diversion (Penal Code 1000)

For simple possession and certain other low-level drug charges, PC 1000 lets you plead not guilty, complete a drug education or treatment program lasting 12 to 18 months, and have the case dismissed. No guilty plea has been required since 2018. Learn more about drug possession defense.

Military diversion (Penal Code 1001.80)

Current and former members of the U.S. military who have service-related conditions, including PTSD, traumatic brain injury, substance abuse, or military sexual trauma, may qualify for diversion focused on treatment. Orange County also runs collaborative courts, including a veterans treatment court, for eligible cases.

Does DUI qualify for diversion in California?

Generally, no. Vehicle Code 23640 bars diversion for DUI charges, and appellate courts have applied that bar to misdemeanor diversion under PC 1001.95. People charged with DUI usually focus instead on challenging the evidence or negotiating a reduced charge, such as a wet reckless.

What happens when you complete diversion?

The judge dismisses the charges. Under most programs, the law then treats the arrest as if it never occurred, with limited exceptions such as applications to become a peace officer. It is still wise to confirm that your state criminal record shows the dismissal.

What happens if you fail diversion?

If you miss requirements, pick up a new case, or the judge finds you are not performing satisfactorily, the court can end diversion and restart the prosecution. Because most programs do not require a guilty plea, you keep the right to fight the original charge.

How do you get diversion in Orange County?

Diversion is not automatic. Someone has to request it, show the court you qualify, and present you as a good candidate. That usually means gathering records early: a mental health evaluation, proof of military service, enrollment in a treatment program, letters of support, or proof of employment. A judge deciding whether to grant misdemeanor diversion over the District Attorney's objection will want a concrete plan.

Timing matters too. Diversion must be requested before trial, and once you plead guilty, most diversion options are gone. If you were just charged, talk to a defense attorney before your arraignment.

Steven A. Alexander has defended clients in Orange County courts for more than 30 years. To find out whether your case qualifies for diversion, contact our office for a confidential consultation in English or Spanish.

This article provides general information, not legal advice for your specific situation.