Facing criminal charges can be terrifying, especially if it’s your first time dealing with the legal system. For many individuals charged with certain misdemeanors or non-violent offenses in California, jail time isn’t the only option. Instead, courts may offer diversion programs—a powerful legal tool that can help eligible individuals avoid a conviction and criminal record altogether.

At Flores Legal Allies, we proudly serve clients throughout San Diego and Los Angeles, guiding them through challenging legal situations with compassion and clarity. What makes our law firm different is that we act as allies, not just attorneys. We listen to your concerns and develop a legal path that protects your future, not just your present.

We'll explain everything you need to know about criminal diversion programs in California, including how they work, who qualifies, and how participating in one can keep you out of jail and potentially wipe the slate clean.

What Is a Diversion Program?

A diversion program is a legal alternative to traditional prosecution. Instead of going through the normal criminal court process that can lead to a conviction and jail time, eligible individuals are diverted into a supervised program designed to rehabilitate rather than punish.

Upon successful completion of the program, the charges may be dismissed, and the defendant can avoid having a criminal conviction on their record.

In essence, diversion programs are based on the idea that some people make mistakes, but with support and intervention, they shouldn’t be punished for life.

Types of Diversion Programs in California

California law allows for several types of diversion programs, both statutory and discretionary. Here are some of the most common:

1. Pretrial Diversion (Penal Code §1001.36)

This allows eligible defendants to receive mental health treatment instead of undergoing criminal prosecution. If completed successfully, the case is dismissed.

Qualifying factors include:

  • Defendant suffers from a diagnosable mental health disorder
  • The mental disorder played a significant role in the offense
  • The defendant consents to diversion and waives speedy trial rights
  • The defendant is not a threat to public safety

2. Misdemeanor Diversion (Penal Code §1001.95)

This broader diversion law allows judges to grant diversion for most non-violent misdemeanor offenses at their discretion—even without the prosecutor’s approval.

Typical requirements might include:

  • Attending classes or counseling
  • Performing community service
  • Paying restitution to victims
  • Staying out of legal trouble for a set period (usually 6-24 months)

3. Drug Diversion (Penal Code §1000)

For those charged with non-violent drug possession offenses, this program allows for drug education or treatment instead of jail time. Upon successful completion, the charges are dismissed.

4. Military or Veterans Diversion (Penal Code §1001.80)

This program is for current or former members of the military suffering from PTSD, TBI, substance abuse, or other service-related issues. It offers a rehabilitative track instead of prosecution.

5. DUI Diversion (Restricted)

While DUI offenses are not eligible for most diversion programs under California law, some jurisdictions offer alternative sentencing or DUI court for repeat offenders to get help with substance use disorders.

How Diversion Works: Step-by-Step

Step 1: Arrest and Charges Filed

You are arrested for a qualifying offense and charges are filed in criminal court.

Step 2: Evaluation for Diversion

Your attorney can request that the court consider you for a diversion program. The court will evaluate your criminal history, the nature of the offense, public safety concerns, and other factors.

Step 3: Program Terms Are Set

If the court grants diversion, you will be given a list of conditions—such as counseling, drug treatment, anger management, community service, or check-ins with a program officer.

Step 4: You Complete the Program

You must comply with all conditions for the full duration of the program, which can last from several months to two years depending on the case.

Step 5: Case Dismissed

If you complete the program successfully, the charges are dismissed, and you avoid a criminal conviction.

Who Qualifies for Diversion Programs?

While eligibility depends on the type of diversion program and the jurisdiction, most programs share a few common requirements:

  • First-time or low-level offender
  • Non-violent misdemeanor or minor felony
  • No prior record of serious or violent offenses
  • Willingness to take responsibility and engage in rehabilitation

In some cases—like mental health or veterans diversion—you must also show a diagnosable condition that contributed to the criminal behavior.

If you’re unsure whether you qualify, the team at Flores Legal Allies can carefully evaluate your case and advocate for diversion if you’re eligible.

What Are the Benefits of Diversion?

The advantages of entering a diversion program instead of going through the criminal justice system include:

  • Avoiding a criminal conviction This is often the most significant benefit. A dismissed charge after diversion is not considered a conviction for most purposes.
  • Avoiding jail time Most diversion programs are non-custodial and allow you to remain free while fulfilling program requirements.
  • Protecting your career and reputation A criminal record can follow you for life. Diversion allows you to move forward without the stigma.
  • Personal growth and rehabilitation These programs focus on counseling, education, and treatment rather than punishment—offering real tools to prevent reoffending.

What Happens If You Fail the Program?

If you do not comply with the terms of your diversion program—by missing required meetings, failing drug tests, committing new crimes, or dropping out—the court may:

  • Terminate your participation in the program
  • Resume criminal proceedings
  • Proceed to conviction and sentencing

That’s why it’s crucial to have an attorney who not only gets you into the program but supports you through it.

Is Diversion the Same as Probation?

No. Probation is a sentence that comes after a criminal conviction. Diversion happens before conviction, and if completed successfully, no conviction ever occurs.

Think of diversion as a second chance to avoid a criminal record entirely—before a guilty plea or trial.

What if You’ve Already Been Convicted?

If you’ve already been convicted, you may not be eligible for diversion. However, you might still qualify for:

  • Expungement (clearing your record after completing probation)
  • Record sealing
  • Post-conviction relief if you were not properly informed of your rights

At Flores Legal Allies, we can review your case and explore all your options.

Why Having the Right Lawyer Matters

Not all defense attorneys are proactive about diversion advocacy. Some may push you to take a plea deal—even when diversion could protect you from long-term consequences.

At Flores Legal Allies, we take the time to understand your personal story. Whether you’re struggling with addiction, mental health issues, or simply made a mistake, we advocate for diversion whenever it’s the right fit. We serve as your ally, working to find smart, compassionate solutions to a stressful legal situation.

How We Can Help

At Flores Legal Allies, we believe in second chances. Diversion programs offer a path out of the criminal justice system—and toward something better. If you’re facing charges in San Diego or Los Angeles, and you want to know whether diversion is an option for you, we’re here to help.

We’ll evaluate your case, fight for your eligibility, and support you through every step of the program.

Don’t face the legal system alone. Let us be your ally. Contact Flores Legal Allies today for a confidential consultation.