Penal Code Section 1001.95 Judicial Diversion

Are you worried about a misdemeanor charge in California? If so, you may want to know about Penal Code Section 1001.95. This law allows a judge to offer a special program called judicial diversion. Judicial diversion can keep a misdemeanor charge off your record if you meet certain rules and follow the court’s instructions.

If you have questions, please reach out to our team at DCD LAW. Our Los Angeles criminal defense attorneys are standing by to evaluate your options and protect your rights. Contact us today to schedule a free case evaluation with a member of our team.

Judicial diversion is a way for a judge to pause a misdemeanor case and give a person a second chance under certain circumstances. It is authorized by California Penal Code Section 1001.95.  If the person successfully complies with these conditions, the misdemeanor charge is dismissed, and it can appear as though the arrest never happened.  

Diversion programs can last up to 24 months. During that time, a person must follow the rules or terms the judge sets. These terms might include attending classes, paying money owed to victims, or following other court orders.

Not everyone can join judicial diversion under Penal Code Section 1001.95. The law has a few rules about who can be accepted. For example, people charged with certain crimes are not allowed to do judicial diversion at all. Offenses like domestic violence, stalking, or sex crimes that require registration are not allowed. In general, these restrictions are based on concerns about public safety. Also, there is a debate about whether misdemeanor DUI charges can use this program.

When determining whether a defendant is eligible for judicial diversion, a judge looks at the nature of the charges and the background of the person who is charged. They might see if you have a history of similar crimes or if your alleged act shows serious risk to others.

 If you do not have an offense that is excluded by the law, the judge has the power to grant diversion. They can also say no if they think the diversion program is not a good fit for you or the community.

Many people wonder if a misdemeanor DUI offense can go through judicial diversion. Penal Code Section 1001.95 does not list DUI as an offense that is automatically excluded. But there is another older law, Vehicle Code Section 23640, that says you cannot do diversion for DUI charges. 

This contradiction has caused debates among lawyers and courts. Some courts have said that because of the old law, DUI diversion is not allowed. Others say the new law might allow it in some cases.

In People v. Superior Court (Ortiz), 81 Cal. App. 5th 851, a court looked at this issue. The decision made it clear that there is a real conflict between the old rule and the new diversion law. As a result, different courts have handled this issue in different ways. If you face DUI charges, you might need to ask a Los Angeles criminal defense lawyer to see how local courts are ruling. The final answer can depend on the judge, the county, and the latest court decisions.

A person charged with a misdemeanor first asks the judge for diversion, or the judge decides on it during a hearing. If the judge finds the charge is not excluded and feels the person might do well with these conditions, the judge can grant the request.

Once diversion is granted, the case is paused for up to two years. The judge sets the terms and rules that the person must follow to stay in the program. Some common terms in cases that enter diversion include the following:

• Pay restitution to any victim if ordered by the court
• Obey protective orders or stay-away orders
• Complete classes or counseling that the court says is needed
• Check in with the court if asked
• Follow any other rules made by the judge

If the person follows all these steps, the judge can dismiss the charge at the end of the diversion period. The person can then say, in most situations, that they were never arrested for that offense.

Judicial diversion can help people avoid a criminal record, keep working, and continue on with daily life. Criminal convictions often make it hard to get jobs, housing, or licenses. By joining and finishing the judicial diversion program, a person can avoid many of these issues. Also, after a successful completion, the case is dismissed, and the record is sealed. That means you are in a better position to move ahead without the weight of a criminal misdemeanor on your record.

Another benefit is that it can save time and stress. If you finish the terms, you do not have to go through a full trial. You can focus on meeting the court’s rules. For many people, this path offers a more hopeful approach than a standard criminal case. It can provide a chance to correct a mistake without a life-long mark on your criminal record.

If you do not follow the judge’s rules, the judge can end the diversion and restart your criminal case. This means the prosecutor continues to pursue the misdemeanor charge against you. You then have to go through the usual steps of the criminal process, which can involve pretrial motions, negotiations, or a trial – and potentially fines and jail time.

The law (Penal Code Section 1001.95) says the court must hold a hearing before it ends your diversion. During that hearing, the court will decide if you truly failed to meet the terms. The judge may look at your efforts to comply  or at any reasons why you could not fulfill the requirements. However, if the court finds that you failed in good faith or refused to follow directions, the case moves forward again. This is why it is so important to take your terms seriously. Missing classes or court dates can lead to a big setback.

A key feature of judicial diversion is that if you finish it, the charges are dismissed, and the arrest is considered not to have happened. This means if a job application asks if you have ever been arrested for that offense, you can say no. The dismissal also means you do not have a conviction on your record. The law aims to give you a fresh start.

Importantly, there are some exceptions to this rule. For example, if you decide to apply to become a peace officer, you must tell them about the arrest. The Department of Justice can still share your record if you are seeking a job as a peace officer. In other situations, though, the law lets you move on with less worry about future consequences of an arrest. You can focus on your future without worry about a mistake in your past holding you back,

Penal Code Section 1001.95 does not include a strict limit on how many times a person can participate in judicial diversion. Still, the judge has the freedom to accept or deny it each time. If you have a past diversion, the court may be less willing to allow another round. It can also matter what type of misdemeanor you had in the past and if you completed it successfully. If a person keeps facing new arrests, it is possible that a judge will not feel diversion is right again.

Each case stands on its own details. If you have used any diversion program before, you should share that with your Los Angeles criminal defense lawyer and be ready to talk about why you think diversion could work for you again. The court might want to see that you learned from the first diversion experience.

When you finish the program, the court looks at your record of compliance. If you did everything the judge asked, your case is dismissed. Your record is sealed, which protects you from future problems with employers or housing.

This outcome can let you move forward without living under the stress of a criminal conviction. The main point of judicial diversion is to give people another path and help them avoid a criminal record if they are able to comply with the court’s conditions.

Judicial diversion can be a path toward dismissing your misdemeanor charge if you comply with the court’s rules. It can give you a chance to avoid a permanent mark on your record. While not every case fits, many do. You may have questions about eligibility, how long the process might take, or what the judge may require you to do. You should not face those questions alone.

Call DCD LAW at (818) 740-5582 or contact us online to speak with our team about Penal Code Section 1001.95 and your possible defense strategies. We are here to offer guidance and support. You do not have to handle your misdemeanor charge by yourself. Contact our Los Angeles criminal defense lawyers today to set up a consultation and explore your options.