A diversion program allows someone charged with a crime to avoid a criminal conviction by completing specific court-approved requirements, such as treatment, classes, or community service. If the program is successfully completed, the charges are typically dismissed. Diversion programs are designed to rehabilitate rather than punish, focusing on education, treatment, and accountability. These programs benefit both the individual and the justice system by reducing reoffending and easing the burden on courts and jails.
Types of Diversion Programs in California
California has several diversion programs tailored to different types of offenses and personal circumstances. Some of the most common include:
-
Drug Diversion – For non-violent drug possession cases involving controlled substances intended for personal use.
-
Judicial Diversion – For certain misdemeanors and lower-level felony cases where the court grants diversion in the interest of justice.
-
Mental Health Diversion – For individuals whose mental health condition contributed to their criminal behavior.
-
Veterans and Military Diversion – Designed for current and former service members suffering from trauma-related issues such as PTSD or traumatic brain injury.
Each program is governed by its own legal rules, and eligibility may vary from county to county.
Who Qualifies for Diversion?
Eligibility depends on several factors, including the type of offense, criminal history, and the individual’s willingness to comply with the program’s conditions. While each program has specific criteria, there are common elements that most diversion programs look for:
-
The offense is non-violent and not considered serious under California law.
-
The individual has little to no criminal record.
-
The person is not currently facing other serious charges.
-
The offense did not involve weapons or harm to others.
-
The individual agrees to the terms of the program and is willing to participate in treatment or counseling as required.
Eligibility is ultimately determined by the judge and, in some cases, the prosecutor. Local practices and court policies may also influence the decision.
How to Apply for a Diversion Program
The process of entering a diversion program generally follows these steps:
Arrest and Charge Review
Once someone is arrested and charged, their attorney will review whether the offense qualifies for any of California’s diversion programs.
Application or Motion for Diversion
If eligible, a formal request or motion is submitted to the court. This motion outlines the legal grounds for diversion and includes supporting documentation, such as medical records or treatment plans, when applicable.
Court Review and Hearing
The court evaluates the application and may schedule a hearing to assess whether diversion is appropriate. In some programs, the individual may need to enter a plea first; in others, no plea is required.
Program Enrollment and Participation
Once approved, the individual must comply with the specific conditions set by the court. These can include drug or mental health treatment, regular progress check-ins, community service, and abstaining from any new criminal activity.
Completion and Dismissal
If all program requirements are successfully completed, the court dismisses the original charges. In some cases, the record may be sealed or made unavailable for public access.
Program Failure and Reinstatement of Charges
If the participant fails to meet program requirements, the court may remove them from the program and resume prosecution of the original charges.
What Happens During the Program?
While each diversion program is different, they generally include:
-
Treatment or Counseling – Participants may attend classes related to substance abuse, mental health, anger management, or trauma recovery.
-
Monitoring and Supervision – Regular check-ins with a court officer, counselor, or judge are often required.
-
Testing or Reports – In drug-related cases, random drug tests are typically part of the program. Mental health programs may require progress reports from a treating clinician.
-
Community Service – Some programs include a set number of community service hours.
Programs may last several months to a year or longer, depending on the case and requirements.
Benefits of Diversion Programs
Participating in a diversion program can have significant short- and long-term benefits:
-
Avoid a criminal conviction and the lifelong consequences that come with it.
-
Dismissal of charges upon successful completion of the program.
-
Preserve employment opportunities, housing eligibility, and professional licenses.
-
Receive appropriate treatment or counseling for underlying issues contributing to criminal behavior.
-
Reduce risk of re-offending and improve overall quality of life.
Risks and Considerations
While diversion programs are generally a positive alternative, there are potential risks to be aware of:
-
Not completing the program may result in reinstatement of charges and potential conviction.
-
Program conditions may be strict, requiring time, effort, and commitment.
-
Not all offenses or individuals qualify, and approval is not guaranteed.
-
Court or prosecutor discretion varies across counties, even for the same offense.
It is important to fully understand the program requirements and consult with a qualified attorney to ensure it is the right path for your situation.
What Happens After You Complete a Diversion Program?
After successful completion:
-
The court will dismiss the criminal charges.
-
Depending on the type of diversion, your arrest record may be eligible to be sealed.
-
In some cases, you may legally state that you were not convicted of a crime.
-
You may have greater access to employment, housing, or educational opportunities.
Always check whether you need to file an additional petition to seal your record or notify agencies of the dismissal.
Common Misconceptions About Diversion
“Diversion means no record exists.”
False. While charges may be dismissed, the arrest record might still exist unless you take additional steps to seal it.
“I can’t apply if I already have a record.”
Not necessarily. Some programs allow people with minor or older convictions to participate.
“Diversion is automatic if I qualify.”
Incorrect. Even if you qualify, diversion must be requested and approved. The court and prosecutor often have discretion.
“All counties treat diversion the same.”
Wrong. Local practices vary, and some counties offer broader access to diversion than others.
Examples
Drug Possession
A first-time offender caught with a small amount of narcotics may qualify for drug diversion. After completing a treatment program and drug education, the charges are dismissed.
Mental Health Diversion
An individual charged with petty theft linked to a diagnosed mental health condition may qualify for mental health diversion and avoid prosecution by undergoing treatment and counseling.
Veterans Diversion
A military veteran with service-related PTSD commits a non-violent misdemeanor. The court offers diversion, connecting the veteran with specialized treatment instead of a conviction.
Tips for a Successful Diversion Application
-
Get legal representation as early as possible.
-
Gather documentation that supports your eligibility (e.g., medical records, treatment history).
-
Show your willingness to change through voluntary program enrollment or therapy before applying.
-
Be honest and respectful in all court proceedings.
-
Stay compliant with every condition — even minor violations can result in removal.
-
Ask about record-sealing options after successful completion.
Final Thoughts
Diversion programs in California provide an important opportunity to correct course, receive help, and avoid the long-term consequences of a criminal conviction. Whether you’re facing charges for the first time or dealing with a deeper issue like mental health or addiction, these programs are often a more constructive path forward.
With proper legal guidance, timely action, and a commitment to fulfilling the program requirements, you can take full advantage of what diversion offers — a second chance at a clean record and a better future.
Need Help Navigating Diversion Programs in California?
If you or a loved one is facing criminal charges in Southern California and think diversion might be an option, don’t wait. The process can be complex, and outcomes vary by court and county. Contact us today for a confidential consultation. Our experienced criminal defense attorneys know how to work with the courts, evaluate eligibility, and help clients successfully enter and complete diversion programs.
