Ending Without A Conviction
Penal Code 1001.95 — a judge may offer misdemeanor diversion over the prosecutor's objection, for up to 24 months
Misdemeanor diversion. A superior court judge may, at the judge's discretion and over the objection of a prosecuting attorney, offer diversion to a defendant charged with a misdemeanor. The case may be continued for a period not to exceed 24 months, with terms, conditions or programs suited to the defendant's situation.
Dismissed on completion. If the defendant complies with the terms, the judge dismisses the action at the end of the diversion period. If the defendant is not complying, after notice and a hearing, the court may end diversion and order the criminal proceedings to resume.
Not offered. Diversion under the section is not available for an offense that would require sex offender registration, an offense involving domestic violence, or stalking.
Drug cases. A separate chapter applies to listed drug possession offenses where the defendant has no other controlled substance conviction and no felony conviction within five years before the charged offense, the offense involved no violence or threatened violence, and there is no related narcotics violation. The prosecuting attorney reviews the file to decide eligibility.
Whether a person qualifies, what conditions a court sets, and whether the record can later be sealed are questions for a licensed California attorney. Sealing has its own page.
Sources for this section (2)
- Penal Code 1001.95 — Court initiated misdemeanor diversion
- Penal Code 1000 — Deferred entry of judgment and pretrial diversion for drug offenses; eligibility
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.