A pretrial diversion program in California offers an alternative to traditional prosecution. Instead of proceeding through the court system with a potential conviction and sentencing, eligible individuals may enter a court-approved treatment or education program. If they complete it successfully, the charges are dropped, and no conviction appears on their criminal record.
This approach is designed to promote rehabilitation over punishment, especially for people facing charges related to addiction, mental illness, or circumstances related to military service. It helps reduce jail overcrowding while giving individuals a chance to address the root causes of their behavior and move forward with a clean slate.
How Pretrial Diversion Works in California
Pretrial diversion delays or suspends court proceedings while the defendant participates in a structured program. If the program is successfully completed, the court dismisses the charges, and the case is treated as though it never happened. In some cases, arrest records can even be sealed.
These programs are typically court-monitored and may include requirements such as drug or alcohol treatment, counseling, mental health services, vocational training, or other rehabilitative steps. The participant is expected to comply with all terms of the agreement throughout the program duration.
Each county may have different implementation standards, but the underlying principle is the same—giving qualified individuals a chance to avoid a conviction and take positive steps toward personal growth.
Types of Pretrial Diversion Programs in California
California law provides several types of pretrial diversion programs based on the nature of the charges and the defendant’s background.
Drug Diversion (Penal Code 1000)
This program is available to people charged with non-violent, personal-use drug offenses. The goal is to treat addiction or drug misuse without the burden of a criminal conviction.
Examples of qualifying charges include simple possession of controlled substances or drug paraphernalia. More serious drug crimes such as possession for sale or trafficking are not eligible.
Eligibility requirements include having no recent felony convictions, no prior diversion programs within five years, and no signs of intent to sell or distribute drugs. Participants must complete a treatment program, attend court-ordered classes, and often undergo random drug testing. Successful completion results in the dismissal of charges.
Mental Health Diversion (Penal Code 1001.36)
This program is aimed at individuals whose criminal conduct is linked to a diagnosed mental health condition. It allows the court to divert defendants into a mental health treatment plan rather than prosecute the case.
Qualifying conditions may include disorders like schizophrenia, bipolar disorder, PTSD, and depression. A licensed mental health professional must evaluate the individual and confirm that the mental illness contributed to the alleged offense and that treatment would reduce the likelihood of future criminal behavior.
Not all offenses are eligible. Serious or violent felonies, or cases where the defendant poses an unreasonable risk to public safety, may be excluded. If the treatment program is completed successfully, the charges can be dropped.
Military and Veteran Diversion (Penal Code 1001.80)
Current and former military members facing criminal charges related to their service may qualify for this program. It is designed for those suffering from service-related issues such as PTSD, traumatic brain injury, substance abuse, or mental health challenges.
To be eligible, the defendant must show a connection between their military service and the behavior that led to the arrest. The court may order counseling, therapy, substance abuse treatment, or other rehabilitative services.
If the program is completed in full, charges can be dismissed, and in many cases, the arrest record can be sealed or set aside.
Who Qualifies for Pretrial Diversion?
Eligibility depends on several factors, including:
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The nature of the charge (non-violent offenses are more likely to qualify)
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Criminal history (repeat offenders or those with violent felonies are often excluded)
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Willingness to participate and complete the terms of the program
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The presence of qualifying conditions (such as mental illness or military-related trauma)
A defense attorney can petition the court for diversion during the pretrial phase. If approved, the court may delay the proceedings to allow the individual to participate in treatment or other mandated programs. Upon successful completion, the case is dismissed.
Benefits of Pretrial Diversion
Pretrial diversion provides many advantages for eligible individuals:
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Avoids a criminal conviction, which can protect employment, housing, and educational opportunities
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Promotes rehabilitation, focusing on the root cause of the issue rather than punishment
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Saves time and money, reducing the burden on the courts and correctional system
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Allows participants to maintain their dignity and future, avoiding the stigma of a conviction
In addition, successful completion often results in dismissal of the charges and, in some cases, sealing of the arrest record.
What Happens if You Don’t Complete the Program?
If a participant fails to meet the requirements of the diversion program—whether due to non-compliance, reoffending, or dropping out—the court will typically resume criminal proceedings. This may result in a trial and potential conviction, along with the corresponding penalties.
That’s why it’s essential to take the program seriously and work with a legal team that can guide and support you through the process.
Common Myths About Pretrial Diversion
“You have to plead guilty to be eligible.”
False. Many programs, especially under California’s updated laws, allow defendants to participate without admitting guilt.
“It’s only for first-time offenders.”
Not necessarily. While first-time offenders are more likely to be approved, some repeat offenders may still qualify, depending on the nature of the charges and their record.
“Everyone gets in if they apply.”
No. Pretrial diversion is not automatic. The court, and sometimes the prosecution, must approve the request. Each case is evaluated on its own merits.
What to Do If You Think You Might Qualify
If you or a loved one is facing criminal charges and believe pretrial diversion may be an option, the first step is to consult with an experienced criminal defense attorney. The eligibility criteria can be complex, and proper representation can make a significant difference in the outcome.
A qualified attorney can evaluate your situation, determine if you meet the requirements, and advocate on your behalf to secure acceptance into a diversion program.
Call Southwest Legal for Trusted Help with Pretrial Diversion
Facing criminal charges in California can be overwhelming—but you may have options that can protect your future. If you think a pretrial diversion program might apply to your case, don’t wait. The sooner you act, the more options you may have.
At Southwest Legal, our experienced defense attorneys are here to guide you every step of the way. We’ll assess your eligibility, build a strong case for diversion, and support you through the entire process—from petition to successful completion. Let us help you turn a difficult moment into an opportunity for a fresh start. Call us today for a free consultation.
