PC §1001.95 · AB 3234
Judicial Diversion Under PC §1001.95 in Los Angeles
The Judge Can Grant It — Even When the DA Refuses
Judge-granted. DA-optional. Case dismissed.
Daniel S. RubinPC §1001.95 Diversion Attorney
01 — Quick Facts
PC §1001.95 Judicial Diversion — At a Glance
02 — AB 3234 and §1001.95
How AB 3234 Changed Misdemeanor Diversion
Before AB 3234, misdemeanor diversion in California required the DA's consent. AB 3234, effective January 1, 2021, added PC §1001.95 — giving the trial judge authority to grant misdemeanor diversion over the prosecution's objection. The judge can order a program of up to 24 months as a condition of diversion, and successful completion produces an automatic dismissal.
03 — Eligible Misdemeanors
Which Misdemeanors Qualify
Most California misdemeanors are eligible for PC §1001.95 diversion — including petty theft, simple drug possession, trespass, low-level assault or battery not involving DV, disturbing the peace, and many non-violent property misdemeanors. The judge evaluates suitability based on the offense, the defendant's history, and the interests of justice.
04 — Disqualifying Offenses
Offenses Excluded From PC §1001.95
- Domestic violence misdemeanors (PC §273.5, §243(e)(1)).
- Stalking (PC §646.9).
- Misdemeanors requiring PC §290 sex-offender registration.
- Driving under the influence (VC §23152 and related).
- Any offense the statute expressly excludes.
Excluded cases may still qualify for PC §1001.36 mental health diversion or §1001.80 veterans diversion when the criteria are met.
05 — Motion and Program
The §1001.95 Motion and Program
Rubin Law files a written §1001.95 motion supported by mitigation, treatment plans (where applicable), and legal argument. The court can set any reasonable program — classes, counseling, community service, restitution — and imposes periodic status reviews for the duration of the diversion. On successful completion, the case is dismissed and the arrest record is eligible for sealing.
06 — FAQs
Judicial Diversion Questions — Los Angeles
What is judicial diversion under PC 1001.95?
PC §1001.95 is California's judicial misdemeanor diversion statute, added by AB 3234. It allows the trial judge to grant diversion — over the DA's objection — for most misdemeanors, with dismissal on successful completion of a court-set program of up to 24 months.
Can a judge grant diversion over the DA's objection?
Yes. That is the defining feature of PC §1001.95 — the judge has independent authority to grant misdemeanor diversion regardless of the prosecution's position.
What misdemeanors qualify for judicial diversion?
Most non-DV, non-stalking, non-§290, non-DUI misdemeanors qualify. Common examples: petty theft, simple possession, trespass, disturbing the peace, minor assault or battery not involving DV.
What are the disqualifying offenses for PC 1001.95?
Domestic violence, stalking, offenses requiring PC §290 registration, and driving under the influence are excluded from PC §1001.95. Those cases may still qualify for mental health or veterans diversion.
How long does judicial diversion take in LA?
The court can set a program of up to 24 months, but many programs are shorter — 6 to 12 months is common. Length depends on the offense, mitigation, and program requirements.