In California, drug diversion programs offer individuals charged with nonviolent drug offenses an opportunity to avoid incarceration by completing a treatment program. Successfully completing one of these programs can lead to the dismissal of criminal charges. For many, this is a crucial step toward recovery and reintegration into society. However, while drug diversion can prevent incarceration, the arrest and initial charges still appear on your criminal record unless further action is taken. Expungement after completing a drug diversion program ensures that the record of the arrest and charges is removed from public view.

This article will explore the process of expunging your record after completing a drug diversion program, the legal benefits of doing so, and the relevant legal authority under California law.

What is a Drug Diversion Program?

A drug diversion program is a rehabilitation alternative offered to individuals charged with drug-related offenses, typically first-time or nonviolent offenders. Instead of serving jail time, eligible participants undergo a court-approved drug treatment program, which may include counseling, education, or rehabilitation services. Upon successful completion of the program, the charges against the individual are dismissed, but the record of arrest and participation in the program can remain unless it is expunged.

Several types of diversion programs are available, including:

1. PC 1000 Diversion (Deferred Entry of Judgment): Offered to first-time offenders for minor drug possession offenses. Participants complete a drug education or rehabilitation program, and upon successful completion, the charges are dismissed.
2. Proposition 36: This diversion program applies to certain nonviolent drug offenders and involves drug treatment instead of incarceration. Upon completing the treatment program, participants can petition for expungement.
3. Drug Court Programs: These are intensive, court-supervised treatment programs for individuals facing more severe drug charges, often with co-occurring mental health issues. Expungement is possible after successfully completing drug court.

Expungement After Drug Diversion

Even after successfully completing a diversion program, the record of your arrest and charges may still appear on background checks, potentially affecting your employment, housing, and educational opportunities. Expungement allows you to clear your record, ensuring the arrest and charges are no longer accessible by the public.

Under California Penal Code § 1203.4, individuals who complete a diversion program are eligible to petition the court for expungement. This process results in the withdrawal of the plea or verdict, the dismissal of the charges, and the sealing of the record. After expungement, you can legally state that you were not convicted of the offense in most circumstances.

Eligibility for Expungement After Drug Diversion

Eligibility for expungement after completing a drug diversion program depends on several factors:

1. Completion of Program: You must have successfully completed the drug diversion program. This means you fulfilled all requirements, including treatment, counseling, and any other court-ordered conditions.
2. No Violations: You must not have violated the terms of the program or probation, if applicable. Any violations could lead to the reinstatement of charges and the ineligibility for expungement.
3. Dismissal of Charges: The charges must have been dismissed upon completion of the program. Expungement is not available for charges that were not dismissed or if a conviction occurred instead.
4. No Pending Criminal Charges: You must not have any pending criminal charges at the time you file for expungement. Any outstanding cases can impact your eligibility.

The Expungement Process

The process of expunging a record after completing a drug diversion program involves several key steps:

1. Filing the Petition: You must file a petition for expungement in the court where the diversion program was completed. This petition asks the court to withdraw the charges, set aside the plea, and dismiss the case.
2. Court Review: The court will review your petition and ensure that you completed all the requirements of the drug diversion program. In some cases, the district attorney may object, which could result in a hearing.
3. Court Ruling: If the court is satisfied with your petition, it will grant the expungement, resulting in the dismissal of the case and the removal of the arrest and charge records from public view.
4. Updating Records: Once the expungement is granted, the California Department of Justice and other relevant agencies will update their records to reflect the expungement. Employers, landlords, and other entities conducting background checks will no longer see the arrest or charges.

Benefits of Expungement After Drug Diversion

Expungement provides several significant benefits to individuals who have completed drug diversion programs:

1. Employment Opportunities: Expungement ensures that prospective employers cannot see the arrest or charges when conducting background checks. This is particularly important in competitive job markets, where a clean record can make a substantial difference.
2. Housing and Renting: Landlords often conduct background checks before renting a property. Expungement increases your chances of securing housing by removing the drug-related charges from your record.
3. Professional Licensing: For individuals in or seeking professional fields such as healthcare, law, or education, expungement can help remove obstacles related to licensing. Although some regulatory boards may still access expunged records, the fact that charges were dismissed can positively impact the board’s decision.
4. Educational Opportunities: Expungement can improve access to educational opportunities, as some institutions may conduct background checks for admissions or financial aid eligibility.
5. Peace of Mind: Expungement offers a sense of closure, allowing individuals to move forward without the burden of a criminal record hanging over their head.

Limitations of Expungement After Drug Diversion

While expungement provides significant benefits, there are certain limitations:

1. Law Enforcement Access: Expunged records are not entirely erased. Law enforcement agencies and courts can still access these records for certain purposes, such as during future criminal investigations or prosecutions.
2. Federal Consequences: Expungement under California law does not remove the record from federal databases, and it may still appear in certain federal background checks, including immigration-related matters.
3. Repeat Offender Status: If you are charged with a future offense, the expunged drug diversion charge can still be used to enhance sentencing as part of your criminal history.
4. Professional Disclosures: Certain professional licensing boards may still require disclosure of expunged offenses. However, the fact that the charges were dismissed and expunged can still be beneficial during the application process.

Legal Authority for Expungement After Drug Diversion

Several statutes govern expungement in California, particularly following successful completion of a drug diversion program:

• California Penal Code § 1000: Governs deferred entry of judgment programs (PC 1000), offering eligible individuals the chance to avoid a conviction by completing drug education and rehabilitation.
• California Penal Code § 1203.4: Provides the legal framework for expungement, allowing individuals to petition the court to withdraw their guilty plea or have a guilty verdict set aside following the completion of probation or diversion.
• Proposition 36: Governs the drug treatment diversion program for nonviolent offenders, allowing eligible individuals to avoid jail time in exchange for completing a treatment program.
• Proposition 47: Allows for the reduction of certain felony drug charges to misdemeanors, providing additional opportunities for expungement after completing a drug diversion program.

Conclusion

Expungement after completing a drug diversion program is a crucial step toward clearing your criminal record and moving forward with your life. While drug diversion programs provide an opportunity to avoid incarceration, expungement ensures that the record of your arrest and charges does not hinder your future opportunities. By working with an experienced expungement attorney, you can navigate the legal process successfully and take advantage of the benefits expungement offers.

Citations

• California Penal Code § 1000
• California Penal Code § 1203.4
• Proposition 36
• Proposition 47