Diversion in Misdemeanor Cases
If you’ve been charged with a misdemeanor in California, you may have heard the term “diversion.” For many people, diversion can be a game-changer—allowing them to avoid a conviction, keep their record clean, and move forward with their life.
Here’s what misdemeanor diversion is and how it works.
Understanding Misdemeanor Diversion
Misdemeanor diversion is a legal alternative to traditional prosecution. Instead of pleading guilty or going to trial, an eligible defendant agrees to complete certain conditions set by the court. If those conditions are successfully completed, the criminal case is dismissed, and no conviction is entered.
In plain terms:
✔️ No guilty plea
✔️ No conviction
✔️ Often no criminal record from the case
Diversion focuses on rehabilitation rather than punishment, especially for first-time or low-level offenders.
California’s Diversion Laws
California has expanded diversion significantly in recent years. Under Penal Code section 1001.95, judges now have broad discretion to grant diversion in many misdemeanor cases, even when the prosecutor objects.
There are also specific diversion programs for certain situations, including:
Mental health diversion (Penal Code 1001.36)
Drug diversion
Veterans diversion
Not every misdemeanor qualifies, and eligibility depends on the charge, the facts of the case, and the defendant’s background.
What Types of Cases May Qualify?
Many common misdemeanors may be eligible for diversion, such as:
Theft and shoplifting
Trespassing
Simple assault or battery
Drug possession
Vandalism
Disturbing the peace
However, some offenses are excluded, including:
Domestic violence offenses
Sex offenses that require registration
An attorney can quickly assess whether a specific charge may qualify and which diversion program makes the most sense.
What Does Diversion Require?
Diversion conditions vary by case but often include:
Counseling or classes
Community service
Restitution
Staying law-abiding during the diversion period
Treatment programs (mental health or substance-related)
Diversion periods typically last up to 12 or 24 months.
What Happens After Successful Completion?
If you successfully complete all diversion requirements:
The court dismisses the case
No conviction is entered
In many cases, the arrest record can later be sealed or addressed through additional post-case relief.
If diversion is not completed, the case returns to court and proceeds as a normal criminal prosecution—making compliance critical.
Why Legal Representation Matters
Although diversion is designed to help defendants, it is not automatic. Prosecutors may oppose it, and judges have wide discretion.
A skilled California criminal defense attorney can:
Identify all available diversion options
Present persuasive arguments to the court
Push for diversion even when the prosecutor objects
Ensure diversion terms are realistic and manageable
Protect your record if issues arise during the process
In many cases, early intervention by a defense attorney can mean the difference between a dismissed case and a permanent criminal record.
Final Thoughts
Misdemeanor diversion is one of the most powerful tools available in California criminal law—but it must be handled correctly. If you or a loved one is facing misdemeanor charges, contact defense attorney Davis W. Hewitt to schedule a free 30-minute consultation at his Chico office.
