Pen. Code, § 1001.9 · Chapter 2.7. Misdemeanor Diversion
Pen. Code, § 1001.9
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred and the court may issue an order to seal the records pertaining to the arrest as described in Section 851.92. The divertee may indicate in response to any 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 (b). A record pertaining to an arrest resulting in successful completion of a diversion program shall not, without the divertee’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830.
(c) The divertee shall be advised that, regardless of the defendant’s successful completion of a deferred entry of judgment program, an order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92.
Notes and commentary — not statutory text
History
Amended by Stats. 2017, Ch. 680, Sec. 6. (SB 393) Effective January 1, 2018.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1001.9.
- Text hash
- sha256 244e771973ec5ab379e55e0c4c34bc16e737e07842e0be0a6533b13fa1dd2882
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 6 provisions
Provisions in this library whose text cites Pen. Code, § 1001.9. Each shows the citation as that text prints it.
Penal Code
- Pen. Code, § 851.92Printed as Sections 851.87, 851.90, 851.91, 1000.4, and 1001.9
- Pen. Code, § 851.93Printed as Section 1001.9 | Sections 851.87, 851.90, 851.91, 1000.4, and 1001.9
- Pen. Code, § 1001Printed as Sections 1001.2 to 1001.9, inclusive, of this chapter
- Pen. Code, § 1001.1Printed as Sections 1001.2 to 1001.9, inclusive, of this chapter
- Pen. Code, § 1001.36Printed as Section 1001.9
- Pen. Code, § 1001.83Printed as Section 1001.9
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