Quick Answer
California Penal Code section 1001.95 authorizes judicial misdemeanor diversion for many California misdemeanors. A court may suspend criminal proceedings, impose conditions like community service or treatment, and dismiss the case upon successful completion. The statute excludes certain categories of cases (DUI, domestic violence, stalking, and a few others).
Key Takeaways
- PC 1001.95 lets a court suspend proceedings, impose conditions, and dismiss a misdemeanor on completion.
- Excluded: DUI (VC 23152, 23153), domestic violence (PC 273.5, 243(e)(1)), stalking (PC 646.9), and a few other categories.
- Diversion is at the judge’s discretion — not an entitlement. The defense pitches the request.
- Conditions typically include community service, counseling, restitution, or a no-contact order.
- On successful completion, the charges are dismissed and the arrest record can often be sealed.
What 1001.95 authorizes
California Penal Code section 1001.95 was enacted in 2021 and gives a court the discretion to grant pretrial diversion to a defendant charged with a misdemeanor. If diversion is granted, the criminal proceedings are suspended, the defendant is ordered to complete specified conditions, and on successful completion the case is dismissed and the arrest may be sealed.
Excluded offenses
Section 1001.95(e) excludes the following categories from judicial misdemeanor diversion:
- Driving under the influence (Vehicle Code §§ 23152 and 23153).
- Any offense for which registration would be required under Penal Code section 290 (sex offender registration).
- Violations of Penal Code section 273.5 (corporal injury on a spouse or cohabitant).
- Violations of Penal Code section 243(e) (domestic battery).
- Stalking under Penal Code section 646.9.
Most other California misdemeanors — petty theft, simple battery, public intoxication, trespass, vandalism, drug possession, criminal threats (as a misdemeanor), disturbing the peace, and many others — are eligible.
How the request works
- The defense files a motion (or makes an oral request) for 1001.95 diversion. The motion lays out the defendant’s circumstances, the strength of the prosecution’s case, and proposed conditions.
- The prosecution responds. The LA County DA and LA City Attorney have differing internal practices on opposing diversion. Some offices opposed it almost reflexively for several years after enactment; that has softened in many courthouses.
- The court rules. The judge has broad discretion. Factors typically considered include: the seriousness of the offense, the defendant’s prior record, whether the alleged victim has been notified, the defendant’s amenability to rehabilitation, and whether community safety would be served.
- If granted, the court sets conditions and a return date. Common conditions include community service hours, restitution, completion of a class (anger management, theft awareness, substance abuse counseling), and a no-contact order if relevant.
- The defendant completes the conditions and returns to court for verification. On successful completion, the case is dismissed.
What “successful completion” looks like
The court typically sets diversion periods of 6 to 24 months depending on the offense. Successful completion requires the defendant to: complete all imposed conditions, not be charged with a new criminal offense during the diversion period, and comply with any no-contact orders.
If the defendant fails to comply, the court can terminate diversion and reinstate the original criminal proceedings — the case proceeds as if diversion had never been granted.
Sealing on completion
Section 1001.95(g) provides that upon successful completion, the arrest is “deemed to have never occurred” for most purposes. The defendant may state on a job application, in most contexts, that the arrest never happened. There are limited exceptions for law enforcement applications and certain licensing applications.
Frequently asked questions
Can I get 1001.95 diversion for a DUI?
No — DUI under VC 23152 and 23153 is statutorily excluded from 1001.95 diversion. However, military diversion under PC 1001.80 and mental health diversion under PC 1001.36 may be available in DUI cases for eligible defendants.
Does a prior conviction disqualify me?
No — there is no statutory bar based on prior convictions. The court considers prior record as a discretionary factor but does not automatically deny on that basis.
Will the prosecutor agree to diversion?
Agreement is not required. The court can grant diversion over the prosecution’s objection. That said, a prosecutor who supports or does not oppose the request makes the judge’s decision easier.