Alameda County Diversion Programs: PC 1000, PC 1001.36, PC 1001.95, PC 1001.80
Key Takeaways
Alameda County diversion programs
- California offers four major pretrial diversion programs — each with different eligibility and different offense scope: PC 1000 (drug possession), PC 1001.36 (mental health), PC 1001.95 (judicial diversion for misdemeanors), and PC 1001.80 (military diversion).
- Successful completion of any diversion program results in dismissal — no conviction ever attaches. For record purposes, the case is treated as if it never happened.
- Alameda County has one of the most active diversion practices in California, with dedicated Mental Health Court, Drug Court, and Veterans Treatment Court divisions at the Wiley W. Manuel and René C. Davidson courthouses.
- Eligibility is fact-specific but broadly: first-time or minor offenders, non-violent charges, willingness to complete treatment/programming. Most eligible defendants are identified at arraignment — but only if their attorney raises it.
- Diversion is often the single best outcome available. It preserves employment, housing, immigration status, and firearm rights that a conviction would destroy.
For eligible defendants, California’s pretrial diversion programs are one of the most powerful tools in criminal defense. Unlike a plea deal, unlike expungement, unlike probation — diversion means the case never becomes a conviction at all. Alameda County has invested heavily in diversion infrastructure over the past decade, and East Bay defendants often qualify for programs that would be unavailable in neighboring counties. This guide walks through each diversion track, who qualifies, and how the process moves through the Oakland courthouses.
Morris Law is an East Bay criminal defense firm serving Alameda County. Seth Morris was a Deputy Public Defender in Alameda County and regularly moves clients into diversion at Wiley Manuel, René C. Davidson, and the specialty-court divisions.
PC 1000 — Pretrial Drug Diversion
What it covers
Penal Code §1000 (as amended by AB 208 in 2018) provides pretrial diversion for certain drug-related offenses: simple possession under Health & Safety Code §11350, §11357, §11377; being under the influence under H&S §11550; possession of drug paraphernalia; and a handful of related non-commercial offenses.
Who’s eligible
PC 1000 requires: (1) no prior drug conviction within 5 years, (2) no prior felony conviction within 5 years, (3) the current offense involves no violence or firearms, (4) no prior PC 1000 diversion within 5 years, (5) no active parole or felony probation. Alameda County judges apply these criteria fairly liberally at intake.
The program
Successful PC 1000 diversion requires completion of a drug education or treatment program (typically 18 months), clean drug tests, and no new arrests during the diversion period. On successful completion, the case is dismissed and sealed. The record shows as never charged.
PC 1001.36 — Mental Health Diversion
What it covers
Enacted in 2018 and expanded since, PC 1001.36 provides diversion for defendants whose alleged offense was “significantly influenced” by a diagnosed mental health condition. It covers most misdemeanors and many felonies — an enormous scope compared to other diversion programs.
Who’s eligible
PC 1001.36 requires: (1) a qualifying mental health diagnosis (schizophrenia, bipolar, PTSD, major depression, and others under DSM-5), (2) the disorder was a “significant factor” in the alleged offense, (3) the defendant would benefit from treatment, (4) the defendant consents to diversion and waives speedy trial rights, and (5) the defendant does not pose an unreasonable risk of danger. Excluded offenses include murder, most sex crimes, DUI, and cases with specified enhancements.
The program
PC 1001.36 diversion runs up to 2 years and requires ongoing mental health treatment, compliance with a treatment plan, and no new offenses. Alameda County’s Mental Health Court division at René C. Davidson supervises felony PC 1001.36 cases; misdemeanor cases run through Wiley Manuel.
PC 1001.95 — Judicial Diversion for Misdemeanors
What it covers
Enacted in 2021, PC 1001.95 allows judges to grant diversion for most misdemeanor offenses regardless of the defendant’s history. It’s the most flexible diversion program, though also the most discretionary.
Excluded offenses
PC 1001.95 excludes: DUI, most domestic violence offenses (PC 273.5, PC 243(e)(1)), stalking, sex crimes requiring registration, and cases with specified priors. The exclusion list is smaller than most people realize.
The program
The judge places the case on hold for up to 24 months with conditions tailored to the offense (community service, restitution, counseling, no new arrests). Successful completion dismisses the case.
PC 1001.80 — Military Diversion
What it covers
For current and former members of the U.S. Armed Forces charged with a misdemeanor, PC 1001.80 provides diversion when the offense may be related to service-connected trauma (PTSD, TBI, substance abuse related to service, mental health conditions arising from service).
The program
PC 1001.80 diversion runs up to 2 years and requires participation in appropriate VA or community-based treatment. Alameda County has a dedicated Veterans Treatment Court at the René C. Davidson Courthouse that supervises these cases.
How Diversion Actually Moves Through Alameda County
Identification at arraignment
Diversion eligibility is typically evaluated at or shortly after arraignment. This is why counsel involvement before or at arraignment is critical — many diversion opportunities are missed simply because no one raises them in the first appearance.
The DA’s position
Alameda County DDAs generally do not oppose diversion for genuinely qualifying cases, though they often argue about eligibility (whether a diagnosis is “significant,” whether the offense excludes diversion, whether the defendant is a public safety risk). Contested diversion motions are heard by the assigned judge and take 30-60 days to litigate.
Program completion
Successful completion is documented, presented to the court, and the case is dismissed on motion. Records are sealed. Life continues without a criminal conviction on the record.
What happens if you fail
Failure to complete diversion (missed treatment, positive drug tests, new arrest, non-compliance with terms) results in the diversion being terminated and the case being restored to the normal criminal calendar. The clock does not reset — you go back to where you were at arraignment.
Frequently Asked Questions
What’s the difference between diversion and expungement?
Diversion prevents a conviction from ever occurring — the case is dismissed on successful completion. Expungement (PC 1203.4) removes an already-existing conviction after probation is complete. Diversion is strictly better because no conviction ever attaches, meaning no obligation to disclose on employment applications and no immigration exposure.
Which diversion program is best for me?
It depends on the offense and your history. PC 1000 covers drug cases if you have no priors. PC 1001.36 covers mental-health-related cases. PC 1001.95 covers most misdemeanors regardless of history. PC 1001.80 covers military veterans. Overlapping eligibility is common — an experienced Alameda County defense attorney identifies which track fits best.
Does diversion appear on background checks?
Successfully completed diversion results in dismissal and sealing. The case does not appear on standard private background checks. Government employment applications, professional licensing, and FBI fingerprint checks may still see the arrest record, but not a conviction.
Where in Alameda County are diversion cases heard?
Misdemeanor diversion cases are heard at the Wiley W. Manuel Courthouse (661 Washington Street, Oakland). Felony diversion cases (primarily PC 1001.36) are heard at the René C. Davidson Courthouse (1225 Fallon Street, Oakland). Specialty divisions include Drug Court, Mental Health Court, and Veterans Treatment Court.
How long does diversion take?
PC 1000 drug diversion typically runs 18 months. PC 1001.36 mental health diversion runs up to 2 years. PC 1001.95 judicial diversion runs up to 24 months. PC 1001.80 military diversion runs up to 2 years. During the program, the case is held open — dismissal happens on completion.
Can I get diversion for a felony?
Yes, but only for certain felonies. PC 1001.36 mental health diversion covers many felonies including some violent offenses. PC 1000 covers only misdemeanor drug offenses (most drug felonies are excluded). PC 1001.95 covers only misdemeanors. Felony diversion is more contested and requires careful eligibility analysis.
Does DUI qualify for diversion?
No. DUI is expressly excluded from PC 1001.95 (judicial diversion), and courts have held DUI is not eligible for PC 1000 (drug diversion). DUI defendants may qualify for PC 1001.36 mental health diversion if the DUI was significantly caused by a qualifying mental health condition — but this is rare and difficult.
How do I know if I qualify for diversion?
Diversion eligibility is fact-specific. The best step is a consultation with a defense attorney familiar with Alameda County practice. Bring the charging document (police report if you have it), any diagnoses or treatment history relevant to a mental-health argument, and details about your criminal history. Eligibility is often clearer than defendants assume.
Talk to an East Bay Diversion Attorney
Diversion is one of the most powerful tools in California criminal defense — and one of the most underused. Cases that would end in conviction under a standard defense often end in dismissal under diversion. But eligibility windows are narrow, arguments are technical, and Alameda County’s specialty-court divisions have their own practice conventions.
Morris Law’s East Bay offices — Oakland (2744 E 11th Street · (510) 824-8831) and Berkeley (2025 Rose Street, Suite 200 · (510) 225-9955) — regularly move Alameda County clients into PC 1000, PC 1001.36, PC 1001.95, and PC 1001.80 diversion. Call (510) 330-0814 for a free 24/7 consultation.
Related East Bay Resources
- Alternatives to Prison in California
- Mental Health Diversion Under PC 1001.36
- Judicial Diversion Under PC 1001.95
- First-Time Arrest — What to Do
- East Bay Drug Crime Defense
