Penal Code § 1001.95 is commonly known as misdemeanor diversion. The Judge will dismiss the case and all charges against Defendants who successfully complete their diversion. Penal Code § 1001.95 applies to all misdemeanors except:

• Domestic violence charges;
• Penal Code 646.9 (stalking);
• Any crime for which registration is required under Penal Code section 290 (sex offender registration).

Penal Code § 1001.95

(a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.

(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant’s specific situation.

(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.

(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.

(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:

(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.

(2) Any offense involving domestic violence, as defined in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.

(3) A violation of Section 646.9.

(Amended by Stats. 2022, Ch. 58, Sec. 6. (AB 200) Effective June 30, 2022.)