California's PC 1000 drug diversion lets many people charged with simple drug possession avoid a conviction by completing a treatment or education program instead of being prosecuted. If you finish the program successfully, the charges are dismissed and you walk away with no conviction on your record. The program — now known as deferred entry of judgment or pretrial diversion — is designed for non-violent drug cases, and it is one of the best outcomes available for a first-time possession charge. The key is knowing whether you qualify and setting it up correctly from the start.
Diversion is not a plea deal that reduces punishment. Done right, it ends in a dismissal — no conviction, and for most purposes you can treat the case as if it never happened.
What PC 1000 actually is
Penal Code 1000 is California's law that allows drug diversion. Instead of going through a normal prosecution, an eligible person agrees to complete a drug program. During that time, the criminal case is paused. When the program is finished, the case is dismissed. Because the goal is treatment rather than punishment, PC 1000 is a very different path than pleading guilty and taking a sentence. It focuses on getting people help while giving them a clean result if they follow through.
Who qualifies for drug diversion?
PC 1000 is meant for lower-level, non-violent drug offenses. Whether you qualify depends on the exact charge and your history. In general, diversion is available when:
- The charge is for simple possession of a controlled substance for personal use — not sales, manufacturing, or trafficking.
- The offense did not involve violence or the threat of violence.
- You do not have a recent disqualifying record, such as certain prior felonies or a prior diversion within a set period.
- There is no evidence of a more serious drug crime connected to the case.
Because the rules are specific, the safest step is to have an attorney review the charge and your record. Sometimes a charge that looks like sales can be argued down to simple possession, which can open the door to diversion. Our drug charges defense page explains the charges we handle and the strategies that apply.
California also has drug court and mental-health diversion for cases that do not fit PC 1000. If one door is closed, another may be open — an attorney can find the right fit.
How long does diversion take?
The program length varies. A drug education class can run a few months. A full treatment program can last a year or more. The judge sets the terms based on your case. While you are in the program, the court checks on your progress. As long as you follow the rules and finish, the case stays on hold and then ends in a dismissal. The time you spend is an investment in a clean record — and it is far shorter than living with a conviction for years.
Cost is a common worry too. Program fees depend on the type of treatment and the provider. Some low-cost and county options exist, and an attorney can point you toward them. When you weigh the fee against what a drug conviction can cost you in lost jobs and licenses, diversion is usually the far cheaper path in the long run.
Step by step: how diversion works
- Eligibility review. Your attorney examines the charge and your history to confirm you qualify, and looks for ways to make a borderline case eligible.
- Requesting diversion. Your attorney asks the court to grant pretrial diversion. The judge reviews eligibility and, if granted, pauses the prosecution.
- Completing the program. You complete the required drug education or treatment program and follow the conditions the court sets, which can include staying arrest-free.
- Dismissal. Once you finish, the court dismisses the charges. There is no conviction, and the arrest is treated so that, for most purposes, you can say it did not happen.
What happens if you don't complete the program
Diversion only works if you finish. If you fail to complete the program or violate the conditions, the court can restart the criminal case and move forward with prosecution. That is why it is important to understand the requirements up front and stay in compliance. If a problem comes up — a missed class, a scheduling conflict, a relapse — an attorney can often help you address it with the court before it becomes a failure, and in some cases ask for more time.
Diversion vs. a conviction: why it matters
The difference between finishing diversion and taking a conviction is enormous. A drug conviction can affect jobs, professional licenses, housing, financial aid, and immigration status, and it stays on your record until it is expunged. A successful diversion ends in a dismissal, so there is no conviction to explain and far less to clean up later. For anyone facing a first drug possession charge, pursuing diversion is often the single most important thing to get right — and it is easiest to get right with help from the very beginning.
Frequently asked questions
What is PC 1000 drug diversion in California?
PC 1000 is California's drug diversion program, now called deferred entry of judgment or pretrial diversion. It lets eligible people charged with certain non-violent drug possession offenses complete a treatment program instead of being prosecuted. Finish successfully and the charges are dismissed, with no conviction.
Who qualifies for PC 1000 in California?
It generally applies to simple possession and similar non-violent offenses, for people without a recent disqualifying record and whose case does not involve violence or selling drugs. Eligibility depends on the specific charge and history, so an attorney should confirm it.
Does PC 1000 result in a conviction?
No. If you complete the program successfully, the charges are dismissed and you are not convicted. The arrest is also treated so that, for most purposes, you can say it did not occur.
What happens if you fail drug diversion?
If you do not complete the program, the court can reinstate the criminal case and proceed with prosecution. An attorney can help you address problems early and sometimes ask the court for more time.
Facing a drug possession charge and want to know if diversion is possible? Attorney Randall T. Shrout is a former Sacramento County prosecutor who has handled drug cases across California for over 24 years and knows how to pursue diversion where it is available. See our drug charges defense page, request a free case review, or call (916) 937-8322 for a free, confidential consultation.
Every hour counts. Get a former prosecutor on your side today.
Free, confidential, and available seven days a week for urgent matters across the greater Sacramento region.