What Is Judicial Diversion PC 1001.95?

How This California Law Could Help You Avoid a Criminal Record

If you're facing a misdemeanor charge in California, you may be asking: Does judicial diversion apply to my case? Thanks to California Penal Code § 1001.95–1001.97, a judge may be able to hit the brakes on your prosecution—and even erase the charge from your record. It's called judicial diversion, and it's a powerful tool that can change the outcome of your case.

Here’s what you need to know.

What Is Judicial Diversion Under PC 1001.95?

Judicial diversion is a legal option that lets certain misdemeanor defendants avoid jail time and a criminal conviction—if they complete court-ordered requirements.

Under PC 1001.95, California judges have the authority to pause (or "divert") a misdemeanor case, give the defendant a list of conditions to complete (like counseling or community service), and then dismiss the case entirely if those conditions are met.

In other words: If you qualify for judicial diversion and do what the court orders, your case gets dismissed and your record stays clean.

How Judicial Diversion Works (PC 1001.95 – 1001.97 Breakdown)

Let’s break it down step-by-step:

1. PC 1001.95 – Eligibility and Judicial Authority

• The court can grant diversion at its discretion, even over the prosecutor's objection.
• This applies only to misdemeanors.
• The judge pauses the criminal proceedings and imposes conditions like:
  • Counseling or rehab
  • Restitution to victims
  • Community service
  • Staying out of trouble (no new arrests)

Importantly: The diversion period can last up to 24 months.

2. PC 1001.96 – What Happens If You Succeed

If you complete the court’s conditions:

• The case is dismissed
• No conviction appears on your record
• You can lawfully say you were never convicted of the offense

This is a game-changer for jobs, housing, licensing, and immigration.

3. PC 1001.97 – What Happens If You Fail

If you violate the terms or get arrested again during the diversion period:

• The judge can end diversion
• Your criminal case resumes
• You can be prosecuted and convicted as if diversion never happened

That’s why it’s critical to take diversion seriously.

Who Qualifies for Judicial Diversion Under PC 1001.95?

The law excludes certain misdemeanors. You are not eligible if your case involves:

• Domestic violence (PC 273.5 or 243(e)(1))
• Stalking (PC 646.9)
• Registrable sex offenses (PC 290)

If your charge isn't on the exclusion list, the judge has wide discretion to grant diversion.

So, does judicial diversion apply to your case? Talk to a defense attorney who understands the court’s local practices—because judges differ in how often and under what circumstances they grant diversion.

Why Judicial Diversion Matters

California voters and lawmakers have been moving toward criminal justice reform, aiming to reduce unnecessary incarceration and provide second chances.

Judicial diversion under PC 1001.95–1001.97 fits right into that movement. It gives eligible defendants the opportunity to:

• Avoid jail
• Keep their record clean
• Stay employed or in school
• Protect immigration status
• Avoid long-term damage from one mistake

In short, judicial diversion can change lives—but only if you know how to use it.

Final Thoughts: Should You Ask for Judicial Diversion?

If you’re charged with a misdemeanor, ask your attorney about PC 1001.95 judicial diversion. It could be your path to a clean slate. Not every judge grants it easily, and not every prosecutor agrees with it, but the law gives the court power to help people move forward—without the stain of a criminal conviction.

Still wondering: Does judicial diversion apply to my case? A skilled criminal defense lawyer can analyze your situation, argue for diversion in court, and help you meet the terms successfully.