Diversion Options in Riverside County

If you are facing criminal charges, you may be wondering whether there is a way to resolve your case without a conviction. California diversion laws give eligible defendants an opportunity to complete treatment, classes, or other court-ordered requirements and work toward dismissal of their charges.

What Is Criminal Diversion?

Diversion allows a criminal case to be put on hold while a defendant completes an approved program or follows conditions set by the court. Successful completion can lead to dismissal of the charges covered by diversion, allowing the defendant to avoid a conviction in that case.

The programs discussed below are pretrial options. They differ from expungement, which generally involves seeking relief after a conviction. Understanding that distinction can help you explore diversion while your case is still pending.

Three Diversion Options in California

Mental health diversion, military diversion, and misdemeanor judicial diversion serve different groups of defendants. Each has its own rules, and a charge excluded from one program may require consideration under another. These are three important options; California also has other diversion programs, including certain drug diversion programs.

Mental Health Diversion

Mental health diversion under Penal Code section 1001.36 may be available to defendants with a qualifying mental disorder that was a significant factor in the alleged offense. It can apply to eligible misdemeanor and felony cases.

The court considers both eligibility and suitability for treatment. A diagnosis alone does not guarantee approval. Supporting mental health evidence, an appropriate treatment plan, and public safety considerations are important parts of the evaluation.
Learn more about mental health diversion.

Military Diversion

Military diversion under Penal Code section 1001.80 may be available to current or former U.S. military members who may be suffering from qualifying conditions as a result of their service. These can include post-traumatic stress disorder, traumatic brain injury, sexual trauma, substance abuse, or other mental health problems.

Eligible misdemeanor and certain felony cases may qualify, although the requirements differ. Military service alone does not establish eligibility. This program focuses on treatment and rehabilitation and is distinct from Veterans Treatment Court.
Learn more about military diversion.

Misdemeanor Judicial Diversion

Misdemeanor judicial diversion under Penal Code section 1001.95 allows a judge to offer diversion in eligible misdemeanor cases, even over the prosecutor’s objection. This option does not require a mental health diagnosis or military service.

The judge may impose conditions tailored to the case, such as classes, counseling, community service, or restitution. Certain charges are excluded, and approval remains discretionary. If the defendant successfully completes the required conditions, the court must dismiss the case.
Learn more about misdemeanor judicial diversion.

Which Diversion Program May Apply to Your Case

This comparison is a starting point. The exact charge, supporting evidence, and applicable legal exclusions must be reviewed before determining which options to pursue.

Diversion option	Who it may help	Charges potentially covered
Mental health diversion	Defendants who meet mental health eligibility and treatment requirements	Eligible misdemeanors and felonies
Military diversion	Current or former military members with qualifying service-related conditions	Eligible misdemeanors and certain felonies
Misdemeanor judicial diversion	Defendants seeking discretionary diversion in eligible misdemeanor cases	Eligible misdemeanors

Common Questions About Criminal Diversion

How Do You Request Diversion?

Your attorney can evaluate the available programs, gather supporting records, and present a request to the court. Depending on the program, preparation may include a mental health assessment, military service records, a treatment proposal, or evidence supporting appropriate conditions.

How Long Does Diversion Last?

The length depends on the program and the court’s order. Mental health diversion may last up to one year for misdemeanor cases or two years for felony cases. Military diversion and misdemeanor judicial diversion may last up to two years.

Can Diversion Apply to a DUI Charge?

DUI eligibility depends on the specific diversion law. Military diversion expressly permits certain misdemeanor DUI charges for qualifying defendants. However, it does not prevent the DMV from taking separate administrative action against a person’s driving privileges. Your attorney should review both the criminal case and any DMV proceedings.

What Happens to Your Record After Diversion?

Successful completion can result in dismissal and important protections concerning the arrest record. Record sealing or restrictions on access may also be available or required under the applicable law. The precise relief and disclosure exceptions depend on the program, so your attorney should explain what dismissal means for your particular record.

What Happens If You Do Not Complete Diversion?

The court may hold a hearing and resume criminal proceedings if the program’s requirements are not met. Diversion requires participation and compliance, so understanding the conditions at the outset is essential.

Speak With a Diversion Attorney in Murrieta

If you or a loved one is facing criminal charges, a careful review of diversion options may reveal a path toward treatment, rehabilitation, and dismissal. Our office can evaluate whether mental health diversion, military diversion, or misdemeanor judicial diversion may be appropriate and explain the steps involved.

The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call or text (951) 395-0511 for a free and confidential consultation, or contact our office online to discuss your case.