What is diversion and will it show on my criminal record?
The term diversion in the criminal justice system refers to a process wherein the judge defers judgment while you attempt to complete mandatory drug related classes and counseling. The most common diversion program in California is found under Penal Code 1000. This statute allows defendants charged with most non-violent drug offenses to receive diversion rather than an immediate conviction.
Once the judge allows diversion in your case you will be required to enter a guilty plea for the underlying offense, and the judge will defer judgment for 18 – 36 months while you complete mandatory drug treatment classes and counseling. If you successfully complete all mandatory drug treatment classes and counseling in the prescribed time frame and stay out of further trouble, the judge will then dismiss the case and you will not be convicted of the charged offenses. However, if you do not complete your diversion requirements and/or get in further trouble, the judge will confirm your guilty plea and you will be convicted of the underlying charges and will be sentenced accordingly.
Diversion is a great way to keep your criminal record clean. If you successfully complete your diversion requirements the only thing that will display on your criminal record will be the arrest, but the charges will show as dismissed. This will allow you to honestly state that you were never convicted of the charged offense, which will help with employment opportunities.
Thus, if you successfully completed a diversion program, like PC 1000, you will not have a conviction on your criminal record.
California Expungement Law Firm
Fresh Start Law Center is one of the only law firms in California to specialize solely in expungement law. Although you may have completed diversion successfully for a single criminal charge, you may have other convictions on your record that occurred before or after the diversion case. If you have other convictions on your record we might be able to help you expunge your convictions, allowing you to get a fresh start on your life. You can view all the expungement services we provide in the left hand menu under the "What We Do" header. We have helped clients all through the state of California with their expungement matters, and we pride ourselves on providing to notch legal services at the absolute lowest fixed prices (we guarantee our prices are the lowest). We really appreciate you taking the time to browse our website, and we greatly look forward to helping you in any way that we can.
David Huffman, Esq.
Founding Attorney, Fresh Start Law Center