Drug Diversion Programs FAQ

California Penal Code Section 1000, commonly known as "pretrial diversion" or "deferred entry of judgment" (DEJ), is a program that provides first-time, non-violent drug offenders an opportunity to complete drug education and treatment programs instead of facing criminal conviction and incarceration. The program represents California's recognition that treating substance abuse through rehabilitation and education is often more effective than punishment for individuals without significant criminal histories.

Under PC 1000, eligible defendants enter a guilty or no contest plea to the drug charge, but the court postpones sentencing and refers the defendant to a drug treatment program typically lasting 12 to 18 months. The program includes drug education classes, individual and group counseling sessions, regular random drug testing to ensure sobriety, compliance with all program requirements and conditions, and periodic court review hearings to monitor progress. Participants must remain drug and alcohol free throughout the entire program duration.

Upon successful completion of all program requirements, the defendant returns to court and the previously entered guilty or no contest plea is withdrawn. The charges are then completely dismissed, and no conviction appears on the defendant's criminal record. This provides enormous benefits including maintaining employment prospects, avoiding professional licensing consequences, preserving immigration status for non-citizens, and avoiding the stigma of a drug conviction. However, failure to complete the program results in the guilty plea being entered as a conviction and imposition of criminal penalties including possible jail time and probation.

PC 1000 eligibility has specific statutory requirements designed to target first-time, non-violent drug offenders. First, you must be charged with a qualifying offense, which includes simple drug possession offenses such as Health and Safety Code Sections 11350 (possession of controlled substances), 11357 (possession of marijuana - though rarely prosecuted now), 11364 (possession of drug paraphernalia), 11365 (being present where drugs are used), 11377 (possession of methamphetamine), and 11550 (being under the influence of controlled substances). Importantly, possession for sale, manufacturing, and trafficking charges are not eligible for PC 1000.

Second, you must have no prior drug-related convictions within the past five years before the date of the alleged offense, not have participated in diversion under PC 1000 within the past five years, have no misdemeanor or felony convictions involving violence or threatened violence within five years, not currently be on probation or parole for any felony offense, and have no prior serious or violent felony convictions as defined in Penal Code Sections 667.5 or 1192.7 within five years. Additionally, the current offense cannot involve violence, threatened violence, possession of a weapon, or sale of drugs to minors.

The statute creates a presumption that defendants meeting these criteria should be granted diversion unless the court finds substantial evidence that the defendant would pose a danger to others or is likely to not benefit from education and treatment. In practice, prosecutors and judges generally grant PC 1000 to qualifying defendants, though they maintain discretion to object in individual cases. Defendants with extensive non-drug criminal histories, multiple failures to appear in court, or ongoing substance abuse issues without commitment to treatment may face opposition to diversion despite technical eligibility. An experienced criminal defense attorney can advocate for PC 1000 eligibility even in borderline cases.

Failing to successfully complete the PC 1000 program results in serious consequences. If you violate program terms, fail to make satisfactory progress, commit a new offense, or are otherwise terminated from the program, the matter returns to criminal court for sentencing on the original charge. At that point, the court will enter your previously entered guilty or no contest plea as a formal conviction and impose appropriate criminal penalties.

Common reasons for PC 1000 termination include testing positive for drugs or alcohol during the program, failing to attend required classes or counseling sessions, missing scheduled court appearances or drug tests, committing a new criminal offense while in the program, failing to pay required program fees after being given opportunities to do so, providing false information or trying to tamper with drug tests, and demonstrating lack of genuine effort or commitment to recovery. Even minor violations can accumulate and result in termination if the pattern shows unwillingness to comply with program requirements.

Once convicted after PC 1000 failure, the court typically imposes misdemeanor probation with conditions including jail time (often 30-180 days), substantial fines and fees, completion of drug treatment programs, community service hours, and strict probation supervision with drug testing. In some cases, particularly for defendants with prior criminal history or egregious program violations, judges may impose county jail sentences. You will have a permanent criminal conviction on your record with all associated consequences including employment difficulties, professional licensing barriers, immigration consequences for non-citizens, and loss of certain civil rights. There is generally no second chance for PC 1000 after termination, making successful completion critical.

PC 1000 and Proposition 36 are both California drug diversion programs, but they operate at different stages of the criminal process and have different eligibility requirements. PC 1000 is a pretrial diversion program where the defendant enters a plea but sentencing is deferred while completing treatment. If successful, the plea is withdrawn and charges are dismissed, resulting in no conviction. Proposition 36 (officially the Substance Abuse and Crime Prevention Act of 2000) applied after conviction, allowing non-violent drug offenders to receive probation with mandatory drug treatment instead of incarceration.

PC 1000 has stricter eligibility requirements, prohibiting participation by defendants with drug convictions or drug diversion participation in the past five years, while Proposition 36 was more lenient and allowed individuals with prior drug convictions to participate. However, the landscape changed significantly with the passage of Proposition 47 in 2014, which reclassified simple drug possession as a misdemeanor and reduced penalties. Since Prop 47, most drug possession cases are now misdemeanors, making Proposition 36 largely obsolete as PC 1000 became the primary diversion mechanism.

Today, PC 1000 is the main drug diversion program in California for eligible defendants. Proposition 36 technically still exists in statute but is rarely used since most qualifying offenses are now misdemeanors under Prop 47 and can be addressed through PC 1000 or informal diversion programs offered by individual county district attorneys' offices. For defendants with prior drug convictions who don't qualify for PC 1000, alternative sentencing options include drug court programs, which provide intensive supervised treatment; negotiated plea agreements with drug treatment as a condition of probation; and collaborative courts focused on addressing underlying substance abuse issues rather than simply punishing defendants.

Drug court is an intensive, judicially supervised treatment program designed for individuals with serious substance abuse problems. Unlike PC 1000, which is a statutory pretrial diversion program with relatively minimal court supervision, drug court involves frequent judicial contact, comprehensive case management, structured treatment phases, and close monitoring. Drug court participants typically appear before the same dedicated drug court judge every one to two weeks for progress review hearings where the judge directly discusses the participant's progress, challenges, and compliance with program requirements.

The drug court model includes multiple structured phases, usually three to five phases increasing in responsibility and independence as participants progress. Treatment components include intensive outpatient or residential substance abuse treatment, individual and group counseling sessions, 12-step or similar peer support group participation, frequent random drug and alcohol testing (often multiple times per week), case management services coordinating treatment and support services, employment assistance and job training, mental health treatment if co-occurring disorders exist, and mandatory court appearances for judicial review. Programs typically last 12 to 18 months or longer depending on individual progress and program structure.

A critical difference from PC 1000 is that drug court participants typically enter guilty pleas and are convicted, though the court may reduce the charge or suspend all or part of the sentence upon successful graduation from the program. Some drug courts use post-conviction modification under Penal Code Section 1203.4 to dismiss the conviction after completion. Drug court is better suited for individuals with serious addiction problems who need intensive, structured support, while PC 1000 works well for first-time offenders with less severe substance abuse issues. Drug court also accepts participants with prior drug convictions who are ineligible for PC 1000. Successful drug court graduation demonstrates significant commitment to recovery and often carries weight with employers, licensing boards, and others assessing rehabilitation.

Successfully completing PC 1000 requires full compliance with all program terms and conditions over the 12 to 18 month duration. The primary requirement is completing a certified drug treatment program, which includes drug education classes teaching about substance abuse, addiction, and health consequences; individual counseling sessions with licensed counselors addressing personal issues contributing to drug use; group therapy sessions providing peer support and shared experiences; life skills training covering employment, relationships, and coping strategies; and relapse prevention education teaching techniques to maintain sobriety.

Throughout the program, participants must submit to frequent random drug and alcohol testing, typically through urinalysis or breathalyzer tests. Testing schedules vary by county and program but often occur multiple times per month initially, decreasing as participants demonstrate consistent sobriety. Any positive test for drugs or alcohol violates program terms and can lead to termination, though some programs allow one or two positive tests if the participant immediately acknowledges the relapse, demonstrates commitment to recovery, and returns to consistent sobriety.

Additional requirements include attending all scheduled court review hearings where the judge monitors your progress, appearing for all program sessions and appointments on time, refraining from any criminal conduct or arrests during the program period, paying all program fees and court costs (fee waivers available for indigent defendants), completing community service hours if ordered by the court, maintaining stable housing and employment when possible, and generally demonstrating good faith effort and commitment to treatment. Missing multiple sessions, repeated tardiness, failure to pay fees after being given opportunities, or lack of genuine engagement can result in termination even without positive drug tests or new arrests. The key is showing consistent, good-faith effort to comply with all program requirements and achieve sobriety.

Prior convictions may disqualify you from PC 1000 depending on the nature and timing of those convictions. The statute specifically makes you ineligible if you have any conviction for any drug-related offense within five years before the date of the current alleged offense, participated in drug diversion under PC 1000 (or any deferred entry of judgment program) within the past five years, have any conviction involving violence or threatened violence within five years, or have a prior conviction for any serious or violent felony as defined in Penal Code Sections 667.5(c) or 1192.7(c) within five years of the current offense.

However, not all prior convictions disqualify you from PC 1000. Misdemeanor convictions unrelated to drugs or violence generally do not bar eligibility. For example, prior DUI convictions typically don't disqualify you unless the DUI involved drugs rather than alcohol, or unless you have multiple DUIs suggesting substance abuse problems that might make successful diversion completion unlikely. Prior theft offenses, traffic violations, and other non-drug, non-violent misdemeanors usually don't affect PC 1000 eligibility as long as you meet all other criteria.

The five-year lookback period is critical. If you have a drug conviction but it occurred more than five years before the current offense date, you may still qualify for PC 1000. Courts calculate the five-year period from the date of the current alleged offense back, not from your arrest or court date. If you have prior convictions but believe you might still be eligible, consult with an experienced criminal defense attorney who can carefully review your criminal history, calculate the relevant time periods, and assess whether any prior convictions fall within the statutory exclusions. In borderline cases, attorneys can sometimes persuade judges to grant diversion even when strict eligibility is questionable if there are compelling circumstances suggesting diversion is appropriate.

PC 1000 programs typically run between 12 and 18 months, though the exact duration varies by county, specific program, and individual circumstances. Some counties operate 12-month programs, while others require 18 months as standard. The program length is usually set when you're referred to diversion, and the treatment provider will outline the specific schedule of classes, counseling sessions, and requirements you must complete within that timeframe.

The timeline can be extended beyond the initial program length if you fail to make satisfactory progress, have positive drug tests requiring additional treatment, miss multiple sessions and need to make them up, experience personal circumstances that interrupt participation (illness, family emergencies), request extensions to complete outstanding requirements, or demonstrate other issues affecting timely completion. Courts have discretion to grant reasonable extensions if you're making good faith efforts but need additional time. However, excessive delays or repeated requests for extensions may cause the court to question your commitment and potentially terminate diversion.

Upon successful completion of all program requirements within the designated time period, your case returns to court for a final hearing. At this hearing, the program provider certifies your successful completion, the court reviews your compliance, and if satisfied, the judge allows you to withdraw your guilty or no contest plea and dismisses the charges entirely. The dismissal is immediate, and you leave court with no conviction. The total time from initial referral to final dismissal usually ranges from 12 to 24 months depending on program length and how efficiently you complete requirements. To minimize the overall timeframe, attend all sessions promptly, maintain consistent sobriety, stay in regular communication with your program counselor, address any issues or challenges immediately, and complete all requirements as early as possible within the program period.

If you successfully complete PC 1000, the charges are dismissed and you have no conviction, which means standard criminal background checks will not show a conviction for the offense. This is a major benefit of diversion compared to pleading guilty and receiving probation. However, the arrest itself and the court case may still appear on certain background checks, particularly comprehensive checks that include arrest records even when no conviction resulted.

The California Department of Justice maintains criminal history records that include arrests, court proceedings, and dispositions. Even after successful PC 1000 completion and dismissal, your arrest record and the court case with a "dismissed" disposition may appear on background checks conducted by employers, professional licensing boards, landlords, and others who access these records. This can raise questions and require explanation, though explaining that you completed a treatment program and had charges dismissed is far better than having a conviction.

To more comprehensively clear your record after successful PC 1000 completion, you can and should petition for sealing of the arrest record under California Penal Code Section 851.90 (formerly Section 851.8). This statute allows individuals arrested for drug offenses who successfully completed diversion and had charges dismissed to petition the court to seal the arrest. If granted, the arrest is deemed not to have occurred, and you can legally state on most job applications and other forms that you were not arrested for the offense. The sealed record will not appear on most background checks. Filing a petition for arrest record sealing after completing PC 1000 provides the most comprehensive clean slate and is highly recommended.

Successfully completing drug diversion provides numerous significant benefits compared to a criminal conviction. The most important benefit is avoiding a criminal conviction entirely. With no conviction on your record, you maintain a clean criminal history for most purposes, dramatically improving employment prospects. Many employers conduct background checks and automatically disqualify candidates with drug convictions. Completing diversion allows you to honestly state you have no convictions on job applications (with limited exceptions for certain government and law enforcement positions).

Additional employment and professional benefits include preserving professional licenses that might be revoked or denied with a drug conviction (nursing, teaching, legal, medical, and other licensed professions often have strict standards), maintaining eligibility for occupational licenses and certifications, avoiding barriers to government employment, military service, and positions requiring security clearances, and preserving your reputation and standing in your profession and community. For students, successful diversion maintains eligibility for federal student financial aid, which can be suspended or terminated for drug convictions.

Other critical benefits include avoiding immigration consequences (drug convictions can result in deportation, inadmissibility, and bars to naturalization for non-citizens, but successful diversion with dismissed charges typically does not), preserving gun rights (felony and certain misdemeanor drug convictions prohibit firearm ownership, but dismissed charges after diversion do not), avoiding driver's license suspension that can follow some drug convictions, accessing treatment for substance abuse problems through the program itself, demonstrating rehabilitation and commitment to recovery to courts, employers, and others, avoiding jail or prison time, and maintaining your civil rights including voting rights. For many defendants, successful diversion truly provides a second chance and the opportunity to move forward without the burden of a criminal conviction.