California Diversion Eligibility Guide
How Many Times Can You Use a Diversion Program in California?
California has no single rule that says diversion can be used once, twice or an unlimited number of times. Each diversion statute has its own eligibility criteria, and prior history can matter differently under each one.
Quick answer
Is There a Limit on How Many Times You Can Use Diversion?
- There is no universal California rule of one time only, two times only or unlimited.
- Each diversion statute has separate eligibility criteria.
- Repeat eligibility is a case-specific legal question.
Five factors
Past Diversion Does Not Answer the Question by Itself
Five factors that together determine repeat diversion eligibility, leading to a case-specific analysis.
Current charge
Diversion statute
Prior convictions
Prior diversion history
Statute-specific eligibility rules
Case-specific analysis
Start here
Why the Specific Statute Matters
California's diversion statutes were written for different purposes and set different rules. A prior diversion may matter a great deal under one statute and differently under another. See how pretrial diversion works.
Example 1
Drug Diversion (PC §1000)
PC §1000 contains specific prior-history criteria, including rules about certain prior convictions. Counsel can check how a prior case fits those rules.
Example 2
Mental Health Diversion (PC §1001.36)
PC §1001.36 uses a different structure focused on a qualifying mental disorder, eligibility and suitability. See Mental Health Diversion in California.
Example 3
Judicial Misdemeanor Diversion (PC §1001.95)
PC §1001.95 has its own excluded charges and leaves decisions to the court. See misdemeanor diversion in California.
Example 4
Military Diversion (PC §1001.80)
PC §1001.80 has a separate framework for current and former military members. See our Military Diversion guide.
Beyond prior use
Other Things That Can Affect Eligibility
Even when prior use is not a bar, other rules can apply: excluded offenses, suitability and court discretion. See why diversion requests can be denied.
Legal note
Repeat eligibility depends on the statute, the record and the court. This guide does not determine eligibility.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS does not determine eligibility or interpret statutes. ETS may coordinate assessments, treatment, testing and case management where relevant.
Responsibilities
Who Does What?
Defense counsel
Reviews prior history against the applicable statute.
Court
Decides diversion requests.
Qualified clinician
Provides assessment where a statute requires it.
ETS
Coordinates relevant support.
Questions
Frequently Asked Questions About Using Diversion More Than Once
Sources & Legal References
Confidential consultation
Support While Your Case Is Open
ETS can help coordinate assessments, treatment and case management that counsel may find relevant.
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