Alternative sentencing options that can keep you out of jail and result in dismissed charges through California's drug diversion programs.
California recognizes that addiction is a health issue, not a moral failing. Drug diversion programs offer eligible defendants the opportunity to receive treatment instead of punishment—and to emerge with no criminal conviction on their record.
Drug diversion is an alternative to traditional prosecution that allows eligible defendants to complete a treatment or education program instead of facing criminal penalties. Upon successful completion, charges are dismissed and the arrest can often be sealed.
California offers two primary diversion programs for drug offenses: Deferred Entry of Judgment (DEJ) under Penal Code 1000, and the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36).
Penal Code 1000 allows first-time drug offenders to avoid conviction by completing a drug education program. This is often the preferred option because it requires no guilty plea.
Court determines if you qualify based on charges and criminal history
No guilty plea required—charges held in abeyance while you complete program
Complete a certified drug education program (typically 3-6 months)
Program provider reports completion to the court
Upon successful completion, charges are dismissed under PC 1000.3
Proposition 36 (now codified as Penal Code 1210) offers a second chance for those who don't qualify for PC 1000 or have already used that option. It emphasizes treatment over punishment and is available even to repeat offenders.
Unlike PC 1000's education-focused approach, Prop 36 requires actual drug treatment:
| Component | Duration | Details |
|---|---|---|
| Drug Treatment | Up to 12 months | Outpatient or residential treatment |
| Drug Testing | Throughout | Random testing required |
| Court Appearances | Periodic | Progress reviews with judge |
| Aftercare | 6+ months | Continued support and monitoring |
| Factor | PC 1000 | Prop 36 |
|---|---|---|
| Plea Required | No | Yes (guilty) |
| Prior Drug Offenses | Not allowed | Usually okay |
| Program Type | Education | Treatment |
| Duration | 12-18 months | Up to 3 years |
| Result if Successful | Charges dismissed | Conviction set aside |
Both programs have consequences for non-compliance, but they differ significantly:
California's diversion programs recognize that recovery isn't always linear. Minor violations typically result in modified treatment rather than termination. Courts generally give participants the benefit of the doubt for good-faith efforts.
Drug diversion could be the path to dismissing your charges entirely.
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