California Penal Code §1000 — Pretrial Drug Diversion / Deferred Entry of Judgment
PC §1000 is California's pretrial drug-diversion statute. It authorizes eligible defendants charged with specified nonviolent drug offenses — simple possession, being under the influence, and paraphernalia — to enter a treatment-based diversion program of 12 to 18 months. On successful completion, the arrest is deemed not to have occurred and charges are dismissed. §1000 is complemented by PC §1000.5 (court-referred diversion) and PC §1001.36 (mental-health diversion) for related pathways.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Pretrial Drug Diversion / Deferred Entry of Judgment Cases in All LA County Courts
01 — Quick Facts
PC §1000 — Pretrial Drug Diversion / Deferred Entry of Judgment at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §1000 — Pretrial Drug Diversion (Deferred Entry of Judgment) |
| Code Type | Penal Code (PC) |
| Classification | Diversion — pretrial; charges dismissed on completion |
| Duration | 12 to 18 months treatment / education program |
| Eligible Offenses | HS §11350, §11357, §11364, §11365, §11377, §11550; PC §381; VC §23222(b); BP §4060 — nonviolent controlled-substance offenses |
| Ineligibility | Prior felony conviction in last 5 years; prior §1000 diversion in last 5 years; concurrent violent/sale offense |
| Related Statutes | PC §1000.5 (court-referred deferred entry); PC §1001.36 (mental-health diversion); Prop 36 / PC §1210 |
| Effect on Record | Arrest deemed not to have occurred; record sealable |
| Immigration | Not a conviction — reduced immigration risk on completion |
| Firearm Impact | Diversion does not create felon-in-possession bar |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §1000?
What Is California Penal Code §1000?
PC §1000 Reads:
"The prosecuting attorney shall review the defendant's file to determine whether or not the defendant is eligible for pretrial diversion... If the court does not grant pretrial diversion under this section, the criminal proceedings shall continue... If the defendant has performed satisfactorily during the period of diversion, the criminal charge or charges shall be dismissed at the end of the period of diversion."
— California Penal Code §1000
PC §1000 diverts eligible nonviolent drug defendants out of the traditional prosecution track into a treatment-based deferred-entry-of-judgment program. Once granted, the defendant enters a 12–18-month program (drug education, counseling, testing) at DPH-approved providers; the case is placed on the diversion calendar. On successful completion, the charges are dismissed and the arrest is 'deemed not to have occurred' for most purposes. §1000 was expanded by AB 208 (2018) to true pretrial diversion — no guilty plea required — which meaningfully improves immigration outcomes for non-citizens.
Why This Law Matters
§1000 is one of the most powerful tools in the LA drug-defense toolkit: no plea, no conviction, sealable record. But eligibility is technical — DA screening reviews prior priors, current charges, and concurrent felony counts. When §1000 does not fit, PC §1000.5 (court-referred diversion) and PC §1001.36 (mental-health diversion) are the parallel pathways. Rubin Law, P.C. secures §1000 eligibility, negotiates DA holdouts, and manages compliance through completion.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §1000
§1000 has eligibility criteria rather than offense elements.
Qualifying Offense
Charged with one or more of the enumerated §1000(a) offenses (simple possession, under the influence, paraphernalia).
No Disqualifying Priors
No prior felony conviction within 5 years and no prior §1000 diversion within 5 years.
No Violence / Sale Nexus
Charges cannot include violence, threats, or sale/manufacturing.
Treatment Consent
Defendant must consent to the diversion terms.
04 — Penalties
Penalties for PC §1000 Pretrial Drug Diversion / Deferred Entry of Judgment in California
§1000 is a diversion pathway — the 'penalty' is the treatment program, and successful completion results in dismissal.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §1000 Diversion Program | PC §1000 | None — 12 to 18 months treatment | N/A (diversion, not probation) | No |
| Successful Completion | PC §1000(d) | Dismissal — arrest deemed not to have occurred | N/A | No |
| Termination for Non-Compliance | PC §1000(c) | Case returns to standard prosecution track | Available | No |
| Underlying Offense on Termination | HS §11350 / §11377 / etc. | Misdemeanor or wobbler exposure depending on charge | Available | No |
Related Pathways
PC §1000.5 Court Deferred Entry
PC §1000.5
Court-referred DEJ where DA declines §1000 — plea entered then deferred.
PC §1001.36 Mental-Health Diversion
PC §1001.36
Diversion for qualifying mental-health diagnoses linked to conduct.
Prop 36 / PC §1210
PC §1210
Post-plea substance-abuse treatment for nonviolent drug offenses.
PC §1001.95 Judicial Diversion
PC §1001.95
Broader misdemeanor diversion — non-drug misdemeanors.
Practical Effects of Successful §1000 Completion
- Arrest 'deemed not to have occurred' — PC §1000.4
- Case sealed and can be lawfully denied on most employment applications
- Non-citizen: no plea entered under AB 208 — reduced deportation risk
- Restoration of firearm rights (no felony conviction)
- Professional-license impact minimized
- Financial aid / housing eligibility preserved
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §1000 Pretrial Drug Diversion / Deferred Entry of Judgment Charges
Rubin Law, P.C. secures §1000 eligibility through the following strategies.
Eligibility Argument
Comprehensive briefing to DA / court on §1000 qualifying-offense fit, absence of disqualifying priors, and no violence/sale nexus.
§1000 Eligibility
Prior Neutralization
§17(b) reductions and post-conviction relief on priors to remove §1000 disqualifiers.
Priors
Charge Reframing
Negotiation to bring current filing within §1000 eligibility — reducing sale allegations to simple possession where facts support.
Framing
Alt-Track Fallback (§1000.5 / §1001.36)
Where DA blocks §1000, Rubin Law pivots to §1000.5 court DEJ or §1001.36 mental-health diversion.
Alt Track
Program Selection
Rubin Law directs clients to DPH-approved providers that match the defendant's schedule, budget, and language needs — completion is the whole game.
Providers
Compliance Management
Structured compliance monitoring by Rubin Law reduces termination risk mid-diversion.
Compliance
Constitutional Sources
07 — Court Process
How PC §1000 Pretrial Drug Diversion / Deferred Entry of Judgment Cases Move Through Los Angeles Courts
Typical §1000 pathway in LA County.
- 1
Step 1 — Filing / Arraignment
Rubin Law reviews for §1000 eligibility before entering plea; no guilty plea required under AB 208.
- 2
Step 2 — DA Screening
Prosecutor reviews §1000 eligibility — Rubin Law submits eligibility brief.
- 3
Step 3 — Diversion Grant
Court grants §1000; case set on diversion calendar.
- 4
Step 4 — Program Enrollment
Rubin Law directs client to DPH-approved provider; enrollment within 30 days.
- 5
Step 5 — Progress Reviews
Every 3–6 months; testing, counseling, and education milestones.
- 6
Step 6 — Dismissal
On successful completion, court dismisses charges; arrest deemed not to have occurred (§1000.4).
Los Angeles Courts That Handle PC §1000 Pretrial Drug Diversion / Deferred Entry of Judgment Cases
§1000 is offered county-wide.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Pretrial Drug Diversion / Deferred Entry of Judgment Defense Attorney
Daniel S. Rubin has defended clients charged with pretrial drug diversion / deferred entry of judgment 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 §1000 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Pretrial Drug Diversion / Deferred Entry of Judgment Cases Throughout LA County
See our full Pretrial Drug Diversion / Deferred Entry of Judgment defense practice
09 — FAQs
PC §1000 Pretrial Drug Diversion / Deferred Entry of Judgment Questions — Los Angeles
What is PC §1000?
PC §1000 is California's pretrial drug-diversion statute. It allows eligible nonviolent drug defendants to enter a 12–18-month treatment program instead of being prosecuted. On successful completion, the charges are dismissed and the arrest is deemed not to have occurred.
Do I have to plead guilty for §1000?
No. After AB 208 (2018), §1000 is true pretrial diversion — no guilty plea is required. This is a critical benefit for non-citizens, as no conviction is entered.
What crimes qualify?
The enumerated §1000(a) offenses include HS §11350 (simple possession), §11357 (marijuana), §11364 (paraphernalia), §11377 (meth possession), §11550 (under the influence), and related counts. Sale, transportation-for-sale, and violent offenses do not qualify.
How is §1000 different from §1000.5?
§1000 is pretrial diversion with no plea. §1000.5 is court-referred deferred entry of judgment — a plea is entered but the judgment is deferred pending completion. §1000.5 is a fallback when the DA blocks §1000.
What about §1001.36 mental-health diversion?
PC §1001.36 is a separate diversion track for defendants with qualifying mental-health diagnoses linked to their conduct. When a drug offense arises from a mental-health condition, §1001.36 can be an alternative pathway.
Does §1000 show up on background checks?
On successful completion, PC §1000.4 provides that the arrest is deemed not to have occurred and can be lawfully denied on most private employment applications. It remains visible to law enforcement and specified licensing bodies.
What happens if I fail the program?
The court terminates diversion and the case returns to the standard prosecution track. Because no plea was entered under AB 208 §1000, the defendant retains full trial rights.
Available 24/7 — Free Consultation
Charged with a Nonviolent Drug Offense? Ask About §1000 Diversion.
§1000 is pretrial diversion — no plea, no conviction, sealable record. Rubin Law, P.C. secures §1000 eligibility, negotiates DA holdouts, and manages compliance through completion. Call (213) 723-2337.