Misdemeanor CASE DISMISSAL PC 1001.95 Diversion

1. Eligibility: A Defendant may be eligible for misdemeanor diversion if they meet certain criteria and are charged with a qualifying offense.
2. Request for Diversion: The defendant, typically with the assistance of their attorney, may request participation in the diversion program. The court will then consider the request.
3. Diversion Program Requirements: If accepted into the program, the defendant must complete specific requirements and comply with certain conditions, which may include community service, counseling, educational programs, or other rehabilitative measures. The exact requirements and length of the diversion can vary based on the nature of the offense and the individual’s circumstances. It shall not exceed 2 years and is usually much shorter.
4. Successful Completion: Upon successful completion of the diversion program, the court shall dismiss the charges against the individual and the arrest will be deemed to have never occurred and shall not be used, without the Defendant’s consent, in any way that could result in denial of employment, benefit, license or certificate.  (The arrest can only be considered and must be disclosed on an application to be be peace officer.)
5. Case Dismissal: If the defendant meets all the requirements of the diversion program, the court shall dismiss the charges. This dismissal is without an adjudication of guilt, meaning the individual won’t have a criminal conviction.

It’s crucial to consult with a legal professional to understand the specific details of PC 1001.95 and how it applies to your case. Laws can change, and legal advice should be based on the most up-to-date information available. If you’re facing criminal charges in California, consider consulting with a criminal defense attorney to discuss the best course of action for your situation.