Formal vs. Informal Diversion in California

What is a Formal Diversion?

In a criminal case, formal diversion occurs when the court provides the defendant the opportunity to complete terms of their probation. If the defendant successfully completes the terms of probation, the court dismisses the charges. However, the defendant may need to plead guilty to the alleged crime.

What is an Informal Diversion?

Alternatively, an informal diversion continues a criminal case for the probationary period without entering any plea. A defendant must fulfill all obligations during their probationary period. If the defendant fulfills their obligations, the court will dismiss the case.

What Crimes Qualify for Formal Diversion?

Formal diversion is an option for non-violent misdemeanor crimes such as petty theft, trespassing, or disorderly conduct. Typically, formal diversion is available if the following are present: 

• The defendant faces charges for a non-violent offense.
• The defendant has not been convicted of a drug crime in the past;
• The defendant has not committed a felony crime within the past 5 years.

Do Formal Diversions Affect Professional Licenses?

For those who hold a professional license, this is where it gets tricky. Essentially, formal diversion may affect an individual who holds a professional license. Depending on the nature of the professional license and crime(s) involved, pleading to a criminal offense is enough to trigger disciplinary action against the professional. 

For purposes of a professional license, it is better to be convicted of another misdemeanor offense that does not trigger disciplinary action taken by the professional board. For example, pleading to an accessory after the fact rather than to a crime involving moral turpitude. 

Who Qualifies as a Professional Licensure?

Doctors, lawyers, nurses, or therapist are just some examples of occupations that have professional licenses. These professions require individuals to take and pass state-approved tests before they can practice in California.

The Difference Between Formal and Informal Recusal

One of the key differences between formal and informal diversion is the effect on criminal records and professional licenses. In a formal diversion, the defendant will most likely enter a guilty plea. However, if he or she successfully completes all the conditions of probation, the criminal case may be dismissed. However, this outcome may still affect his or her future employment opportunities. Especially if licensed professions are involved.

In an informal diversion, the defendant pleads not guilty and the case continues on probation. This provides more opportunity for a defense if all conditions of the program are not met.

When Does the Court System Offer Formal Diversion?

In California, formal diversion is often offered for offenses that:

• Are nonviolent
• Are not drug related
• Are not alcohol related

For example, charges of petty theft or trespassing on private property may be grounds for formal diversion. If the defendant has not been previously convicted of similar offenses. Formal diversion can also be used in cases where the defendant pleads guilty as part of an agreement with the prosecutor. This can avoid more serious consequences, such as jail time.

How Can Informal Dismissal Help Protect Reputations?

Informal challenges are a more favorable option for defendants seeking to avoid a trial. For example, for individuals in licensed professions such as:

• Physicians
• Lawyers
• Teachers

Informal recusal may be a better option because it avoids the impact of the charges on their professional reputation. Informal refusal is not an admission of guilt and does not result in a formal criminal record. It has less impact on future employment and the ability to practice a licensed profession.

Impact on Licenses and Careers

For people working in fields that require a professional license, it is important to consider how a formal or informal revocation may affect their career. It is important to realize that a formal revocation, even if it results in a dismissal of charges, can leave a trail in court documents. This trail will be available to future employers and regulators.

An informal dismissal usually does not result in a criminal record, which makes it preferable. It avoids further disciplinary action by professional organizations.

Preparing for Formal Diversion

In order to successfully complete a diversion program, it is important to carefully follow all of the conditions set forth by the court. This may include:

• Attending mandatory classes
• Performing community service
• Regular drug or alcohol testing
• Paying fines and victim restitution

If you don’t meet these conditions, the court may revoke the diversion program and return the case to trial.

Los Angeles Criminal Defense Attorney

If you or someone you know has been charged with a crime and has a professional license, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a consultation. Our attorneys will provide you with legal assistance your case requires.