PC 1000 Drug Diversion Program in CaliforniaCalifornia Penal Code § 1000
Free Consultation.What Is PC 1000 Drug Diversion?
Penal Code § 1000 establishes California's drug diversion program, also known as Deferred Entry of Judgment (DEJ). This program allows qualifying defendants charged with simple drug possession offenses to complete a drug education or treatment program instead of going through the full criminal process. Upon successful completion, the charges are dismissed and there is no conviction on the defendant's record.
Who Qualifies for PC 1000?
To qualify for PC 1000 diversion, you must: be charged with simple possession of a controlled substance (not sales or trafficking), have no prior drug diversion or drug program completions within the past five years, have no prior convictions for offenses involving controlled substances, not have a record showing violence or a threat of violence, and the offense must not have involved a firearm. The prosecutor makes the initial eligibility determination, but your attorney can advocate for your inclusion in the program.
How the PC 1000 Program Works
If eligible and you consent to participate, the court defers entry of judgment for 18 months. During this period, you must complete a licensed drug education, counseling, or treatment program, avoid new criminal arrests, and comply with all court conditions. At the end of the 18 months, if you have successfully completed all requirements, the charges are dismissed. You can then truthfully state on most applications that you have not been convicted of the offense.
Proposition 36 Drug Treatment
Proposition 36 (AUMA) provides an alternative to incarceration for non-violent drug offenders. Unlike PC 1000, Prop 36 applies even to defendants with prior drug convictions, second offenses, and those who have previously participated in drug programs. Under Prop 36, the court orders drug treatment rather than incarceration, with the possibility of dismissal upon completion.
Why Work with an Attorney
Even when diversion is available, having an experienced attorney ensures you are properly evaluated for all available programs, that any borderline eligibility questions are resolved in your favor, and that your rights are protected throughout the process. Our attorneys also handle cases where prosecutors initially deny diversion eligibility.
Contact Virtuoso Law
Call (833) 666-5245 for a free consultation about drug diversion options. Available 24/7 throughout the Bay Area and Central Valley.