What Is PC 1000 Drug Diversion in California? Pretrial Diversion Explained

Q: Do I have to plead guilty to get PC 1000 diversion?

No. Since 2018, Penal Code section 1000 is pretrial diversion, which means you plead not guilty, waive time, and consent to the program under Penal Code section 1000.1. No conviction is entered, and if you complete the program the charges are dismissed under Penal Code section 1000.3. The older deferred entry of judgment system that required a guilty plea no longer applies to new cases.

Q: Does a PC 1000 dismissal show up on a background check?

Generally no. Under Penal Code section 1000.4, a successful completion means the arrest is deemed never to have occurred and the record is sealed, and you may legally state that you were not arrested or diverted for the offense on most applications. The main exception is an application to become a peace officer, where disclosure is required. Private background check companies sometimes report stale data, so it is worth checking your own record after the dismissal.

Q: Can I get PC 1000 if I have a prior drug conviction?

Possibly. Penal Code section 1000, subdivision (a), disqualifies a defendant who, within the five years before the new offense, was convicted of a controlled substance offense other than the listed personal-use offenses, received diversion or deferred entry of judgment for a listed offense, or was convicted of any felony. A prior simple possession conviction or diversion that is more than five years old does not disqualify you, and a prior misdemeanor that is not a drug offense does not either.

Q: Is PC 1000 available for possession for sale or transportation?

No. Possession for sale under Health and Safety Code section 11351 or Health and Safety Code section 11378 and sales or transportation under Health and Safety Code section 11352 or Health and Safety Code section 11379 are not listed offenses under Penal Code section 1000. In many cases the realistic goal is to negotiate a reduction to simple possession so that diversion becomes available, which depends on the quantity, the packaging, the phone evidence, and the strength of any suppression issue.

Q: What happens if I fail a drug test during PC 1000?

One positive test does not usually end the program. The statute and the treatment programs expect that relapse can occur, and the court's question under Penal Code section 1000.3 is whether you are performing satisfactorily and benefiting from treatment overall. Repeated positive tests, skipped sessions, or refusing to test are what lead to a termination hearing. If the court terminates diversion, the criminal case resumes from the not guilty plea with all of your defenses intact.

Q: Does PC 1000 affect my driver's license?

Not for a possession charge. A drug possession case does not involve the DMV, and because diversion results in dismissal rather than a conviction, no license consequence attaches. A drug DUI under Vehicle Code section 23152, subdivision (f), is different; it is not eligible for PC 1000, and it carries its own DMV consequences, as explained in our guide to the DMV hearing after a DUI.

Daniel Gramling, Esq.

30 minutes ago

12 min read

The Short Answer on PC 1000 Drug Diversion

The short answer: PC 1000 drug diversion is a pretrial program under Penal Code section 1000 that allows a person charged with simple drug possession and certain other nonviolent drug offenses to complete a drug education or treatment program instead of being prosecuted. You plead not guilty, the criminal case is paused for 12 to 18 months while you complete the program, and if you finish, the charges are dismissed and the arrest is treated as if it never happened for most purposes under Penal Code section 1000.4. If you do not finish, the case picks up where it left off. This guide explains who qualifies, how the program runs in the Inland Empire and Los Angeles County, how it differs from other diversion programs, and the mistakes that cost people the dismissal.

Why it matters. A drug possession conviction under Health and Safety Code section 11350 or Health and Safety Code section 11377 follows you into job applications, licensing, housing, and immigration proceedings. PC 1000 is the most common path to avoiding that conviction entirely for a first-time possession case in Riverside County, San Bernardino County, and Los Angeles County, and it is routinely offered at the Riverside Hall of Justice, the San Bernardino Justice Center, the Victorville courthouse for cases from Victorville, Hesperia, Apple Valley, and Barstow, and the Clara Shortridge Foltz Criminal Justice Center. Our guide to drug possession charges in California explains the underlying offenses.

Which Charges Qualify for PC 1000

The eligible offenses are listed in the statute. Penal Code section 1000, subdivision (a), applies to specific offenses, including possession of a controlled substance under Health and Safety Code section 11350 and Health and Safety Code section 11377, possession of drug paraphernalia under Health and Safety Code section 11364, being under the influence of a controlled substance under Health and Safety Code section 11550, certain marijuana offenses under Health and Safety Code section 11357, cultivation of marijuana for personal use under Health and Safety Code section 11358, obtaining a controlled substance by a forged prescription for personal use under Health and Safety Code section 11368, and possession of a controlled substance without a prescription under Business and Professions Code section 4060. Offenses that are not on the list, such as possession for sale, transportation for sale, and sales, are not eligible no matter how small the quantity, as explained in our guide to possession for sale charges.

Personal use is the dividing line. The program exists for people whose drug offense reflects personal use rather than commerce. A possession case with scales, packaging, large cash, or text messages suggesting sales will usually be filed as possession for sale under Health and Safety Code section 11351 or Health and Safety Code section 11378 specifically to take it out of PC 1000, and the first fight in many cases is to get the charge reduced to simple possession so that diversion becomes available. Our guide to how police use your text messages against you explains how those phone extractions are used to argue sales.

Who Is Eligible: The Conditions in Penal Code Section 1000

The statutory conditions. In addition to being charged with a listed offense, Penal Code section 1000, subdivision (a), requires the prosecutor to determine that all of the following apply: (1) within five years before the alleged offense you have not been convicted of any offense involving controlled substances other than the listed offenses, (2) the offense charged did not involve a crime of violence or threatened violence, (3) there is no evidence of a contemporaneous violation relating to narcotics or restricted dangerous drugs other than the listed offenses, (4) your record does not indicate that you have violated probation or parole in a way that would make diversion inappropriate, (5) within five years before the alleged offense you have not been granted diversion or deferred entry of judgment for a listed offense, and (6) within five years before the alleged offense you have no felony conviction. The prosecutor makes the initial eligibility determination and advises the court and the defendant in writing.

What eligibility does not require. You do not need to be a first-time offender in the general sense. A prior misdemeanor conviction for an unrelated offense, an old felony outside the five-year window, or a prior possession conviction older than five years does not disqualify you under the statute. Eligibility also does not depend on the drug involved; possession of methamphetamine, fentanyl, cocaine, heroin, and pills without a prescription all qualify when charged under the listed sections.

Contested eligibility. When the prosecutor determines that you are not eligible, the court decides disputed facts. A paraphernalia count filed alongside the possession count does not defeat eligibility because it is itself a listed offense, but a weapons count, a theft count, or a DUI count filed from the same incident often does, because the statute requires that there be no evidence of a non-listed drug offense and that the offense not involve violence. Separating charges and negotiating the dismissal of the disqualifying count is frequently the key to getting into the program, as explained in our guide to getting criminal charges dismissed in California.

How PC 1000 Diversion Works Step by Step

Step one: the not guilty plea. Since the 2018 amendments to the statute, PC 1000 is true pretrial diversion. You enter a not guilty plea, waive your right to a speedy trial for the diversion period, and consent to the program under Penal Code section 1000.1. You do not plead guilty, and no conviction is entered at any point. This is a major difference from the old deferred entry of judgment system, which required a guilty plea that was held over the defendant's head, and it matters most for noncitizens, for whom a guilty plea could itself have immigration consequences even if later withdrawn.

Step two: the suitability review and program referral. The court refers the case to the probation department or a designated agency to assess whether you are suitable for diversion and which program fits. The programs are drug education and treatment programs certified by the county under Penal Code section 1211, and they range from a short drug education course to outpatient treatment, depending on the assessment. The court sets the diversion period, which runs from 12 to 18 months under Penal Code section 1000.2, and may order you to pay the program fee based on ability to pay.

Step three: completing the program and the review dates. While the case is paused, you attend the program, test as required, and appear at periodic progress hearings. The program reports to the court on attendance and compliance. A positive drug test does not automatically end diversion, because the statute recognizes relapse as part of treatment, but repeated noncompliance, a new arrest, or failing to show up leads to a hearing on whether to terminate.

Step four: dismissal. When the program reports satisfactory completion and the diversion period ends, the court dismisses the charges under Penal Code section 1000.3. Under Penal Code section 1000.4, the arrest upon which diversion was based is deemed never to have occurred, the record is sealed, and you may lawfully answer that you were not arrested or diverted for the offense in response to most questions, including questions on employment applications. The exception is an application for a position as a peace officer, where the arrest must be disclosed. Our guides to sealing an arrest record under Penal Code section 851.91 and expunging a criminal record explain the related relief for cases that do not go through diversion.

What Happens If You Do Not Complete PC 1000

Termination and the resumed case. If the court finds that you are performing unsatisfactorily, are not benefiting from treatment, have been convicted of a felony, or have engaged in conduct rendering you unsuitable, Penal Code section 1000.3 allows the court to terminate diversion and reinstate the criminal proceedings. Because you pleaded not guilty, the case returns to the pretrial stage and you keep every defense, including the right to a jury trial and the ability to file a motion to suppress under Penal Code section 1538.5. This is the second major advantage of the current statute over the old guilty plea system, where failure meant automatic sentencing.

Practical consequences of termination. The judge who terminated your diversion will usually be the same judge who hears the resumed case, and the prosecutor's plea offer after a failed diversion is rarely as good as the diversion was. Many defendants who fail PC 1000 end up with a plea to the original possession charge and probation under Penal Code section 1203.1, which we cover in our guide to how probation works in California. Fixing a compliance problem early, by asking the court for a different program, a short extension, or a treatment modification, is far better than waiting for a termination hearing.

Extensions. The diversion period can be extended within the statutory maximum when a defendant has made progress but needs more time. Judges in Riverside and San Bernardino County routinely grant a reasonable extension when the program recommends it and the defendant has stayed in contact with the court.

PC 1000 Compared to Other Diversion Programs

Misdemeanor diversion under Penal Code section 1001.95. Judicial diversion under Penal Code section 1001.95 applies to most misdemeanors at the judge's discretion, lasts up to 24 months, and also ends in dismissal. For a misdemeanor drug possession case, both programs may be available, and the choice depends on the program requirements and the judge's practice. Our guide to misdemeanor diversion in California compares the two.

Mental health diversion under Penal Code section 1001.36. When a diagnosed mental health condition contributed to the offense, mental health diversion under Penal Code section 1001.36 is available for misdemeanors and many felonies and can last up to two years, with treatment tailored to the diagnosis. It is often the better fit for a defendant whose drug use is tied to an untreated condition, as explained in our guide to mental health diversion in California.

Military diversion under Penal Code section 1001.80. Current and former service members, including those stationed at Fort Irwin, Twentynine Palms, and March Air Reserve Base, may qualify for military diversion under Penal Code section 1001.80 when the offense is connected to service-related substance abuse or trauma. We cover eligibility in our guide to military diversion under Penal Code section 1001.80.

Proposition 36 and the treatment-mandated felony. Proposition 36, approved by voters in November 2024, created a new treatment-mandated felony under Health and Safety Code section 11395 for people charged with possession of certain hard drugs who have two or more prior drug convictions. That offense carries its own treatment track and is separate from PC 1000, which remains the program for defendants without the qualifying prior record. Which path applies depends on the exact prior convictions, and the eligibility analysis should be done before the first court date.

Drug court. Many counties, including Riverside and San Bernardino, run drug court programs that are more intensive than PC 1000 and are designed for defendants with longer records or more serious addiction. Drug court usually requires a guilty plea with sentencing deferred, so it is generally a fallback for defendants who are not eligible for PC 1000 rather than a first choice.

How PC 1000 Cases Move Through Inland Empire and Los Angeles County Courts

At arraignment. The prosecutor's written eligibility determination is often provided at or shortly after arraignment under Penal Code section 988. In Riverside County and San Bernardino County, the defense usually requests the referral at the first or second court date, and the court sets a date for the suitability report. At the Victorville courthouse, which handles drug cases from Victorville, Hesperia, Apple Valley, Adelanto, and Barstow, the referral process is described in our guide to drug charges at the Victorville courthouse. Confirm current procedures on the superior court's website and with the public defender or your attorney, because the referral agency and the program list vary by county.

Before deciding to divert. Diversion requires you to give up a speedy trial, and it does not require the prosecution to prove anything. If the search that produced the drugs was unlawful, a motion to suppress under Penal Code section 1538.5 may end the case outright and is sometimes the better path, as explained in our guides to 1538.5 motions and when police can search your car in California. Diversion also can be requested after a suppression motion is denied, so the two are not mutually exclusive, although some judges and prosecutors treat a litigated motion as a reason to withdraw an informal offer.

Timing. A PC 1000 case typically involves two to four court dates before the diversion order and periodic review dates afterward, and the entire process from arrest to dismissal runs 14 to 20 months. Our guide to how long a criminal case takes in California puts that timeline in context.

Mistakes That Cost People the Dismissal

Talking to the police about the drugs. Statements at the scene about ownership, use, or purchase are the evidence that proves the knowledge and possession elements and that prosecutors use to argue sales. Diversion eligibility is decided on the charge filed, so an admission that turns a possession case into a sales case removes PC 1000 from the table. Our guide to what not to say to police in California explains how to decline questioning.

Picking up a new case. A new arrest during diversion, especially a new drug or theft charge, is the most common reason diversion is terminated. A DUI arrest, including a drug DUI under Vehicle Code section 23152, subdivision (f), which we cover in our guide to marijuana and drug DUI, counts as a new case even though it is not itself a listed offense.

Missing court dates. Review hearings are easy to forget over an 18-month period, and a missed date produces a bench warrant and often a termination motion. Calendar every date, keep your address current with the court and the program, and tell your attorney immediately if you cannot attend. Our guide to what happens if you miss court in California explains how to recall a warrant quickly.

Assuming the sealing is automatic for everything. The relief under Penal Code section 1000.4 is powerful but has limits. Licensing agencies and peace officer employers can still see the record in some circumstances, the DMV is not involved in a possession case but is involved in a DUI, and federal immigration authorities apply their own rules to diversion dispositions. Noncitizens should review the diversion terms with counsel under Penal Code section 1016.3 before consenting.

Frequently Asked Questions

Do I have to plead guilty to get PC 1000 diversion?

No. Since 2018, Penal Code section 1000 is pretrial diversion, which means you plead not guilty, waive time, and consent to the program under Penal Code section 1000.1. No conviction is entered, and if you complete the program the charges are dismissed under Penal Code section 1000.3. The older deferred entry of judgment system that required a guilty plea no longer applies to new cases.

Does a PC 1000 dismissal show up on a background check?

Generally no. Under Penal Code section 1000.4, a successful completion means the arrest is deemed never to have occurred and the record is sealed, and you may legally state that you were not arrested or diverted for the offense on most applications. The main exception is an application to become a peace officer, where disclosure is required. Private background check companies sometimes report stale data, so it is worth checking your own record after the dismissal.

Can I get PC 1000 if I have a prior drug conviction?

Possibly. Penal Code section 1000, subdivision (a), disqualifies a defendant who, within the five years before the new offense, was convicted of a controlled substance offense other than the listed personal-use offenses, received diversion or deferred entry of judgment for a listed offense, or was convicted of any felony. A prior simple possession conviction or diversion that is more than five years old does not disqualify you, and a prior misdemeanor that is not a drug offense does not either.

Is PC 1000 available for possession for sale or transportation?

No. Possession for sale under Health and Safety Code section 11351 or Health and Safety Code section 11378 and sales or transportation under Health and Safety Code section 11352 or Health and Safety Code section 11379 are not listed offenses under Penal Code section 1000. In many cases the realistic goal is to negotiate a reduction to simple possession so that diversion becomes available, which depends on the quantity, the packaging, the phone evidence, and the strength of any suppression issue.

What happens if I fail a drug test during PC 1000?

One positive test does not usually end the program. The statute and the treatment programs expect that relapse can occur, and the court's question under Penal Code section 1000.3 is whether you are performing satisfactorily and benefiting from treatment overall. Repeated positive tests, skipped sessions, or refusing to test are what lead to a termination hearing. If the court terminates diversion, the criminal case resumes from the not guilty plea with all of your defenses intact.

Does PC 1000 affect my driver's license?

Not for a possession charge. A drug possession case does not involve the DMV, and because diversion results in dismissal rather than a conviction, no license consequence attaches. A drug DUI under Vehicle Code section 23152, subdivision (f), is different; it is not eligible for PC 1000, and it carries its own DMV consequences, as explained in our guide to the DMV hearing after a DUI.

Talk to a Drug Charge Defense Lawyer in the Inland Empire

Gramling Law Group defends drug possession and diversion cases at the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the San Bernardino Justice Center, the Rancho Cucamonga courthouse, the Victorville courthouse, and the Clara Shortridge Foltz Criminal Justice Center, and across the Inland Empire, Los Angeles County, Orange County, and Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so that you know the cost of getting into diversion and seeing the case through to dismissal. Call (909) 654-4575 or contact us through this website for a consultation.

This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.