California Penal Code §1001.95 — Judicial Misdemeanor Diversion (AB 3234)
PC §1001.95 is not an offense. Enacted by AB 3234 in 2021, it is a diversion statute that lets a judge — over prosecution objection — divert most California misdemeanor cases for up to 24 months. Successful completion results in dismissal of the charge and sealing of the arrest under PC §851.87.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Judicial Misdemeanor Diversion (AB 3234) Cases in All LA County Courts
01 — Quick Facts
PC §1001.95 — Judicial Misdemeanor Diversion (AB 3234) at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §1001.95 — Judicial Misdemeanor Diversion |
| Code Type | Penal Code (PC) — Procedural / Relief Statute |
| What It Is | Diversion program, not a crime — created by AB 3234 (2021) |
| Eligibility | Most misdemeanors — see excluded offenses below |
| Program Length | Up to 24 months of court-supervised diversion |
| Outcome | Case dismissed; arrest sealed under PC §851.87 |
| Prosecution Objection | Not a bar — judge may grant over DA objection |
| Excluded Offenses | PC §273.5, DV under FC §6211, §290-registrable, PC §646.9 stalking, PC §273.6 |
| DUI | Excluded — see Islam v. Superior Court (2022) |
| vs PC §1000 | PC §1000 is drug pretrial diversion; §1001.95 is broader judicial diversion for any eligible misdemeanor |
| vs PC §1001.36 | PC §1001.36 is mental-health diversion (felony-eligible); §1001.95 is misdemeanor-only judicial diversion |
| If Charged | Call (213) 723-2337 to assess §1001.95 eligibility |
01 — What Is PC §1001.95?
What Is California Penal Code §1001.95?
PC §1001.95 Reads:
"A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge's discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to this section. Upon successful completion of the terms, conditions, or programs ordered by the court, the arrest upon which diversion was granted shall be deemed to have never occurred."
— California Penal Code §1001.95(a) & (d)
AB 3234 changed California misdemeanor practice overnight. Before 2021, diversion outside the drug and mental-health tracks required prosecution consent. §1001.95 flipped that: the judge decides. That single procedural shift now dismisses thousands of first-offense petty theft, PC §415, PC §594, drug-possession, and shoplifting cases each year with no conviction on record.
How §1001.95 Differs From §1000 and §1001.36
PC §1000 is pretrial drug-possession diversion. PC §1001.36 is mental-health diversion (available on many felonies too). §1001.95 is broad judicial misdemeanor diversion — no drug or mental-health nexus required — and the judge can grant it over prosecution objection.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §1001.95
This is a relief statute, not an offense. In place of 'elements,' the court evaluates eligibility requirements before granting §1001.95 diversion.
Misdemeanor Filing
Only misdemeanor charges are §1001.95-eligible; felonies are not.
No Excluded Offense
The charge is not on the §1001.95(e) exclusion list: DV under FC §6211, PC §273.5, sex-registrable offenses (§290), PC §646.9 stalking, or PC §273.6.
Not a DUI
Under Islam v. Superior Court (2022), VC §23152 DUIs are excluded because the Vehicle Code has its own comprehensive scheme.
Judge Finds Diversion Appropriate
The court considers rehabilitation prospects, victim impact, and community safety.
04 — Penalties
Penalties for PC §1001.95 Judicial Misdemeanor Diversion (AB 3234) in California
There is no penalty for §1001.95 itself. The table below summarizes the diversion terms a court may impose and the outcomes.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Successful Completion | PC §1001.95(d) | None — case dismissed | N/A — replaced by diversion | No |
| Unsuccessful Termination | PC §1001.95(c) | Prosecution resumes on original charges | As sentenced on any subsequent conviction | As of original charge |
| Sealing After Success | PC §851.87 | Arrest sealed and deemed never to have occurred | N/A | No |
Common Court-Ordered Diversion Terms
Restitution
PC §1001.95(b)
Full victim restitution is nearly always ordered — payment can be structured over the diversion term.
Community Service
PC §1001.95(b)
50–200 hours of community service is a common condition.
Counseling / Program Completion
PC §1001.95(b)
Anger management, theft-awareness, or substance-abuse programming, tailored to the underlying charge.
Additional Consequences Beyond Prison
- Successful completion: no conviction, no reportable event on most background checks
- Arrest sealed under PC §851.87 — deemed not to have occurred
- Immigration: no conviction under 8 USC §1101(a)(48)(A) for immigration purposes
- Termination: prosecution resumes on the original charge with no double-jeopardy bar
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §1001.95 Judicial Misdemeanor Diversion (AB 3234) Charges
Because §1001.95 is a relief statute, the 'strategy' is presenting a compelling diversion package to the court.
PC §17(b) Reduction First
Wobblers are reduced to misdemeanor at plea to unlock §1001.95 eligibility.
Front-Load Mitigation
Enroll in counseling, secure character letters, and structure restitution before the diversion motion — courts grant on evidence, not promises.
Mitigation
Address Prosecution Objection
The DA's objection is not a bar — but the record must show why community safety and rehabilitation favor diversion.
AB 3234
Combine With §1000 or §1001.36
Drug and mental-health cases can layer §1001.95 with parallel diversion tracks.
Layered Relief
PC §851.87 Sealing After Completion
The arrest is sealed automatically on successful completion — defense should confirm sealing on the record.
PC §851.87
Constitutional Sources
07 — Court Process
How PC §1001.95 Judicial Misdemeanor Diversion (AB 3234) Cases Move Through Los Angeles Courts
The §1001.95 motion is typically brought at or shortly after arraignment.
- 1
Step 1 — Charge Assessment
Confirm the case is a misdemeanor and not on the §1001.95(e) exclusion list.
- 2
Step 2 — PC §17(b) Reduction (if wobbler)
Reduce felony wobbler to misdemeanor to unlock §1001.95 eligibility.
- 3
Step 3 — Mitigation Package
Enroll in counseling, gather character letters, and structure a restitution plan before the motion.
- 4
Step 4 — §1001.95 Motion
Motion is filed and argued in front of the trial judge — the DA may object on the record.
- 5
Step 5 — Diversion Terms Set
Court orders restitution, community service, program completion, and a review-hearing schedule.
- 6
Step 6 — Progress Reviews
Court reviews progress every 3–6 months; noncompliance can result in termination and reinstatement of the criminal case.
- 7
Step 7 — Successful Completion & Dismissal
Case dismissed under §1001.95(d); arrest sealed under §851.87.
Los Angeles Courts That Handle PC §1001.95 Judicial Misdemeanor Diversion (AB 3234) Cases
§1001.95 motions are heard in the misdemeanor calendar of the courthouse where the underlying case is filed.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Judicial Misdemeanor Diversion (AB 3234) Defense Attorney
Daniel S. Rubin has defended clients charged with judicial misdemeanor diversion (ab 3234) and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §1001.95 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Judicial Misdemeanor Diversion (AB 3234) Cases Throughout LA County
See our full Judicial Misdemeanor Diversion (AB 3234) defense practice
09 — FAQs
PC §1001.95 Judicial Misdemeanor Diversion (AB 3234) Questions — Los Angeles
Is §1001.95 available on DUI cases?
No. Islam v. Superior Court (2022) held that VC §23152 DUIs are excluded because the Vehicle Code has its own comprehensive scheme.
Can the DA block §1001.95 diversion?
No. The judge may grant §1001.95 diversion over prosecution objection. The DA's objection is entered on the record but not a bar.
Does a §1001.95 dismissal show up on background checks?
The arrest is sealed under PC §851.87 and 'deemed to have never occurred' for most purposes. Certain professional and law-enforcement backgrounds may still see the record.
Which misdemeanors are excluded?
Domestic violence under Family Code §6211, PC §273.5, PC §273.6 protective-order violations, §290-registrable sex offenses, PC §646.9 stalking, and DUIs are excluded from §1001.95.
Available 24/7 — Free Consultation
Want PC §1001.95 Diversion in Los Angeles?
§1001.95 turns most first-time misdemeanor cases into a dismissal. Rubin Law, P.C. builds the mitigation package that wins the motion. Call (213) 723-2337.