Skip to content
Executive Treatment Solutions

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.

Diversion EligibilityCalifornia

Quick answer

Is There a Limit on How Many Times You Can Use Diversion?

  1. There is no universal California rule of one time only, two times only or unlimited.
  2. Each diversion statute has separate eligibility criteria.
  3. 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.

  1. Current charge

  2. Diversion statute

  3. Prior convictions

  4. Prior diversion history

  5. Statute-specific eligibility rules

  6. Case-specific analysis

Repeat eligibility is a case-specific analysis.Source: California Legislative Information (opens in a new tab)

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.

Defense counsel reviews eligibility.

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

There is no single statewide limit. Each diversion statute has its own eligibility rules.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains repeat diversion eligibility at a general level. It is not legal advice.

Confidential consultation

Support While Your Case Is Open

ETS can help coordinate assessments, treatment and case management that counsel may find relevant.

Get Help Now

ETS does not provide legal representation or determine eligibility.

Get Help Now