Categories: Criminal Defense - General

New Diversion Program for Veterans

Starting in 2015, criminal courts have began to implement a new diversion program for military veterans. This program applies to individuals charged with a misdemeanor and both of the following apply: (1) The individual was, or currently is, a member of the United States military and (2) The individual may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. (Cal. Penal Code Section 1001.80)

A major benefit to this program is the lack of long term criminal record should one successfully completes the program. Per section (i) of Penal Code 1001.80, “Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred. The defendant may indicate in response to a question concerning his or her prior criminal record that he or she was not arrested or diverted for the offense, except as specified in subdivision (j). A record pertaining to an arrest resulting in successful completion of a diversion program shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.” The exception mentioned above applies to applicants for peace officer jobs.

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