California Diversion Programs: An Alternative to Criminal Conviction

If you have been charged with a crime in California, you may have an opportunity to participate in a diversion program rather than proceed through the traditional criminal process.

Diversion can allow an eligible defendant to complete specific conditions—such as counseling, education, community service, restitution, treatment, or other court-ordered requirements—while the criminal case is postponed. If the defendant successfully completes the program, the charges may be dismissed. Diversion is often more work than a conviction, but if a clear criminal record is  important, it is worth the effort.

California has several different diversion programs. The requirements, eligibility rules, and consequences vary depending on the offense and the particular diversion statute.

The Major Types of Diversion in California

Among the most important diversion programs available in California are:

1. Misdemeanor Diversion
2. Mental health diversion
3. Military and veterans diversion
4. Drug diversion and drug-treatment programs

Not every defendant qualifies for every program. Some offenses are specifically excluded, while other offenses may qualify only under particular circumstances.

What Are the Restrictions During Diversion?

Diversion is not a free pass.

While a case is being diverted, the defendant must comply with the conditions imposed by the court. Depending upon the case, those conditions can affect where the defendant may go, who the defendant may contact, whether the defendant may possess firearms, whether the defendant must attend treatment or counseling, and what other conduct is permitted.

A new arrest or violation of a court order can jeopardize the diversion agreement.

The exact terms of diversion should therefore be reviewed carefully with an attorney before agreeing to the program.

Why Consider Diversion?

For an eligible defendant, diversion can provide an opportunity to resolve a criminal charge without obtaining a criminal conviction.

Successful completion may result in dismissal of the case and can provide substantial benefits for employment, licensing, education, housing, and other areas of life.

But diversion is not appropriate for everyone, and the rules differ significantly between misdemeanor, mental health, military/veterans, and drug diversion.

If you have been charged with a crime in Butte County or elsewhere in Northern California, contact us, we are an experienced criminal defense firm and can help determine whether diversion may be available in your case.