Is there a way to resolve a misdemeanor without a conviction?
For many people, there is. Misdemeanor diversion in California lets a judge pause a case while a person meets set conditions. If the person completes them, the charge is dismissed.
Misdemeanor diversion in California is worth asking about early, especially when a job or license is on the line.
Here is how judicial diversion works, who may qualify, how it compares with drug diversion and what to expect in Sacramento.
What is misdemeanor diversion in California?
Diversion is a program that moves a case off the usual path toward trial or a plea. The case is put on hold. During that time, the person follows terms set by the court, and the case is dismissed at the end if those terms are met.
California has several kinds of diversion. One of the broadest is judicial misdemeanor diversion under Penal Code 1001.95. It lets a judge offer diversion for many misdemeanors, even over the prosecutor’s objection.
A misdemeanor is a less serious crime. It is usually punishable by up to six months in county jail, a fine or both, though some carry up to one year. Our post on felony vs misdemeanor charges in California explains the difference from a felony.
How does judicial diversion under Penal Code 1001.95 work?
Under Section 1001.95, a superior court judge may offer diversion to a person charged with a misdemeanor. The judge can do this at the judge’s discretion, and the prosecutor’s agreement is not required.
Next, the judge sets the terms. The diversion period can last up to 24 months. If the person meets the terms, the judge dismisses the case at the end.
When terms are not met, the court can end diversion after a hearing. The case then returns to the regular criminal process.
Which misdemeanors are not eligible?
Section 1001.95 lists offenses that cannot be diverted under this program. They include:
- An offense that would require registration as a sex offender under Penal Code 290
- Any offense involving domestic violence, such as corporal injury to a partner under Penal Code 273.5 or domestic battery under Penal Code 243(e)
- A violation of Penal Code 646.9, which covers stalking
Other charges may raise other questions. For example, California law does not allow this kind of diversion in a standard DUI case, and the DMV case is separate. A lawyer can check whether your exact charge fits.
What conditions can a judge set?
Under Penal Code 1001.95, the judge can set the terms the judge finds right for the person’s situation.
Common terms can include classes, counseling, community service, staying out of trouble and making court appearances. The judge may also order the person to follow any protective order and any firearm order in the case.
Do you have to pay restitution?
Restitution is money a court orders a person to pay a victim for losses caused by a crime. If a victim lost money, Penal Code 1001.96 requires full restitution before the case is dismissed.
Section 1001.96 adds an important protection. If a person cannot pay restitution, that alone is not a reason to deny diversion. It also is not a reason to find that the person failed to complete it.
What happens when you finish diversion?
This is the main benefit. Under Penal Code 1001.97, after successful completion, the arrest on the diverted charge is deemed never to have occurred.
That means a person may answer any question about their criminal record by saying they were not arrested for that offense. There is an exception. The record can still be disclosed when the person applies to be a peace officer.
A record of the arrest can still exist with some agencies. Your lawyer can explain how that may affect you in specific situations.
How is drug diversion different?
California also has a separate drug diversion program. It is set out in Penal Code 1000 and the sections that follow.
This program covers certain listed drug possession and related charges. To qualify, a person must have no conviction for a controlled substance offense, other than the listed ones, in the five years before the alleged offense. The person also must have no felony conviction in those five years.
In addition, the charged offense cannot involve violence or threatened violence, and there can be no evidence of other related drug violations at the same time.
Under Penal Code 1000.2, the program lasts at least 12 months and no more than 18 months. The court must grant more time to finish the program when the person shows good cause.
You can learn more about these charges on our drug crimes page.
Is there a separate diversion program for mental health conditions?
Yes. California also has mental health diversion under Penal Code 1001.36. It can apply to misdemeanor and felony charges, with some serious offenses excluded.
To be eligible, a person must have a diagnosed mental disorder. The defense must show a diagnosis or treatment within the last five years by a qualified mental health professional. That disorder also must have been a significant factor in the charged offense.
If there is a diagnosis, the court presumes it was a significant factor unless there is clear and convincing evidence that it was not.
Even then, the judge decides whether diversion is suitable. The judge looks at whether treatment would help, whether the person agrees to treatment and whether the person poses an unreasonable risk to public safety. For a misdemeanor, the diversion period can last no longer than one year.
If the person does well in treatment, the court must dismiss the charges at the end. A lawyer can help gather the medical records this kind of request needs.
How does diversion compare with a plea deal?
A plea deal usually ends in a conviction, even if the sentence is light. Diversion is designed to end without one.
That difference can matter for jobs, housing, immigration and professional licenses. For anyone who holds a license, our professional license defense page explains how a criminal case can reach a licensing board.
Diversion also has trade-offs. It can take longer than a plea, and it comes with terms that must be followed. Missing a term can bring the case back to court.
Can a judge end diversion early or take it away?
Section 1001.95 gives the judge control over the whole program. The judge sets the terms and the length, which can run up to 24 months.
If the person is not following the terms, the prosecutor or the court can raise it. The judge can then hold a hearing.
After that hearing, the judge may end diversion and return the case to the regular criminal process. At that point, the case moves forward as if diversion had not been granted.
A new arrest during diversion can also cause problems. That is one reason to stay in close touch with your lawyer and keep proof of every class, payment and appearance.
Is diversion the right choice for everyone?
Not always. Sometimes the evidence in a case is weak. In that situation, a person may be better served by challenging the charge or asking the prosecutor to dismiss it outright.
Diversion also asks a lot over many months. Classes, counseling and community service take time.
Some programs also have costs. A person who works odd hours or lives far from Sacramento should think about whether the terms are realistic.
Before deciding, a lawyer can review the police reports and the evidence. That way, the choice between diversion, a motion to dismiss or a trial is made with full information. If police questioned you, our police contact page explains rights that may matter to that review.
How do you ask for diversion in Sacramento?
Since April 2026, most criminal cases in Sacramento County are heard at the Tani G. Cantil-Sakauye Sacramento Superior Courthouse at 500 G Street. Check your court notice for your department.
The request is usually raised early in the case, often around the arraignment or a pretrial hearing. An arraignment is the first court date, where the charges are read and a plea is entered.
Your lawyer can present facts that help the judge decide. These can include your work, school, family duties, lack of a prior record and steps you have already taken, such as starting a class or counseling.
Our post on what happens after an arrest in Sacramento County walks through the early stages of a case. For the full path, see our criminal process page.
What should you do now?
- Keep every paper from the arrest and any court notice.
- Write down what happened while it is fresh.
- Do not discuss the case with anyone but your lawyer.
- Gather proof of work, school and community ties.
- Talk with a defense lawyer before your first court date about whether diversion may fit.
What questions should you ask your lawyer about diversion?
A short list of questions can make a first meeting more useful. Consider asking:
- Is my charge eligible for diversion under Section 1001.95?
- What terms is the judge likely to set?
- How long could my diversion period last?
- What happens if I miss a class or payment?
- Would challenging the evidence be a better path?
Write down the answers. Bring the list to each meeting so nothing gets missed.
How can the Law Office of Richard T. Dudek help?
The Law Office of Richard T. Dudek defends people facing misdemeanor and felony charges in Sacramento and the greater Sacramento area. Criminal defense attorney Richard Dudek knows how the local courts handle diversion requests.
Our team has never forgotten that any conviction is likely to change someone’s life.
If you or someone you love has been charged with a misdemeanor in Sacramento, you don’t have to figure out the next step alone. Call (916) 848-6508 for a free consultation. Weekend and evening hours are available, or you can contact us online.
The information here is general information about California criminal law, not legal advice. Diversion rules change, and each case depends on its own facts. Reading it does not create an attorney-client relationship. Please talk with a lawyer about your own situation.