When veterans and active-duty military personnel face criminal charges, the legal system in California recognizes that their service may have contributed to the underlying issues. In response, California offers a compassionate and rehabilitative path known as Military Diversion—a pretrial program that can lead to the dismissal of charges upon successful completion. This program is available for most misdemeanors and many felonies.
What Is Military Diversion?
Military Diversion (California Penal Code §1001.80) is generally a special pretrial program available to certain military members charged with misdemeanors and felonies. Rather than pushing for conviction, the court can allow eligible individuals to enter treatment and support programs if the veteran or current service member was suffering from substance abuse, sexual trauma, PTSD, TBI, or other mental health conditions stemming from military service.
Criminal charges are dismissed with successful completion of the diversion program.
Who Is Eligible for Military Diversion?
To qualify for Military Diversion in California, you must:
- Be a current or former member of the U.S. military
- Be charged with a misdemeanor or felony (certain misdemeanors and felonies are excluded)
- Suffer from service-related issues such as:
- Post-traumatic stress disorder (PTSD)
- Traumatic brain injury (TBI)
- Substance abuse
- Sexual trauma
- Other mental health issues related to service
The court does not require a combat deployment to qualify—just that your condition is linked to your military service.
How Does the Program Work?
Here’s a simplified breakdown of the process:
- Request Diversion
Your defense attorney files a motion requesting military diversion, supported by documentation of your service and diagnosis. - Court Review
The judge considers your background, the nature of the offense, and the connection between your service and current condition. - Treatment Plan
If approved, you enter a court-approved treatment program, often through the VA, military service or private provider. Programs may involve counseling, addiction recovery, therapy, or other rehabilitative services. - Supervision and Compliance
The court monitors your progress during the diversion period, which usually is about 1 year but can be up to two years. There may also be volunteer work and periodic appearances for progress reports required. - Dismissal of Charges
If you complete the program successfully, your charges are dismissed, and you will not have a conviction on your record and your record can be sealed for most purposes.
What Offenses Are Eligible?
Contact a criminal defense attorney for review of your case for information, guidance and understanding options available for your case. Military Diversion is available only for most misdemeanor and many felony offenses. Check California Penal code 1001.80 for eligibility. There may also be other options other like Veterans Treatment Court which may be available.
Benefits of Military Diversion
- Avoids a criminal conviction and does not require a plea of guilty to participate – it is pre-plea diversion.
- Focuses on treatment, not punishment.
- Helps you get your life back on track and may allow you to remain in the military if on active duty.
- Charges can be dismissed and records may be sealed for most purposes.
Why You Need an Attorney
While Military Diversion offers a powerful second chance, approval is not automatic. It requires a legal motion and documentation that ties your condition to your service. An experienced criminal defense attorney who understands veterans’ legal issues can guide you through the process and increase your chances of success. Having been a USMC Captain and handled many diversion cases, we offer a free consultation and are available to review your case and answer your questions.
Final Thoughts
California’s Military Diversion program honors the sacrifices of our service members by offering rehabilitation and a clean record over punishment. If you’re a veteran or active-duty military member facing a misdemeanor or felony, don’t assume your only option is a conviction or trial. With the right legal support, you may be eligible for a fresh start.
