(a)Any record filed with the Department of Justice shall indicate the disposition in those cases referred to pretrial diversion pursuant to this chapter. Upon successful completion of a pretrial diversion program, the arrest upon which the
defendant was diverted 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 defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted pretrial diversion for the offense, except
as specified in subdivision (c). A record pertaining to an arrest resulting in successful completion of a pretrial diversion program shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate, except that, as specified in Section 492 of the Business and Professions Code, successful completion of a pretrial diversion program shall not
prohibit any agency established under Division 2 (commencing with Section 500) of the Business and Professions Code, or under any initiative act referred to in that division, from taking disciplinary action against a licensee or from denying a license for professional misconduct, notwithstanding that evidence of that misconduct may be recorded in a record pertaining to an arrest leading to successful completion of a pretrial diversion program.
(b)Notwithstanding any other law, any licensing agency listed in Section 144 of the Business and Professions Code may request, and is authorized to receive, from a local or state agency certified records regarding referral to, participation in, successful completion of, and termination from, diversion programs described in this section.
(c)The defendant shall be advised that, regardless of his or her successful completion of the pretrial diversion program, the arrest upon which the pretrial 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.
(d)The defendant shall be advised that, regardless of the defendant’s successful completion of a pretrial diversion 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 of Decisions
United States v. Stoterau, 524 F.3d 988 (9th Cir. 2008).
“Although Stoterau’s successful completion of this diversionary program meant that his offense was “deemed to have never occurred” as a matter of state law, CaLPenal Code § 1000.4(a), the United States Sentencing Guidelines nevertheless count diversionary dispositions as part of…”
People v. Superior Court (On Tai Ho), 520 P.2d 405 (Cal. 1974).
· cites it 2× “" [7] In the case at bar, for example, the court provided for this eventuality by ordering the prosecution continued for the one-year period of diversion and directing that "we will calendar it May 15th of next year for review of the case and if he has completed the program, we…”
United States v. Rodolfo Suarez, Jr., 682 F.3d 1214 (9th Cir. 2012).
“” CaLPenal Code § 1000.4(a). In 2003, a felony complaint was filed against Suarez in California Superior Court, alleging that he committed two violations of the California Health and Safety Code: (1) felony possession of methamphetamine; and (2) the misdemeanor of being under…”
Med. Bd. of Cal. v. Superior Court of S.F., 19 Cal. App. 5th 1 (Cal. Ct. App. 2018).
“" ( Pen. Code, § 1000.4, subd. (a).) 1 In contrast, Business and Professions Code section 492 ( Section 492 ) states as follows: "Notwithstanding any other provision of law, successful completion of any diversion program under the Penal Code .”
Med. Bd. of Cal. v. Superior Court, No. A151175 (Cal. Ct. App. Jan. 8, 2018).
“” (Pen. Code, § 1000.4, subd. (a).) 1 In contrast, Business and Professions Code section 492 (Section 492) states as follows: “Notwithstanding any other provision of law, successful completion of any diversion program under the Penal Code .”
People v. Robinson, No. JAD24-04 (Cal. Ct. App. Sept. 5, 2024).
“(Pen. Code, § 1000.4, Pen. Code, § 1001.9, subd.”
United States v. Stoterau, No. 07-50124 (9th Cir. Apr. 28, 2008).
“Although Stoterau’s successful completion of this diversionary program meant that his offense was “deemed to have never occurred” as a matter of state law, Cal. Penal Code § 1000.4 (a), the United States Sentencing Guidelines nevertheless count diversionary dispo- sitions as…”
Cal. Penal Code § 1000.4(a): 2 cases
United States v. Stoterau, 524 F.3d 988 (9th Cir. 2008).
“Although Stoterau’s successful completion of this diversionary program meant that his offense was “deemed to have never occurred” as a matter of state law, CaLPenal Code § 1000.4(a), the United States Sentencing Guidelines nevertheless count diversionary dispositions as part of…”
United States v. Rodolfo Suarez, Jr., 682 F.3d 1214 (9th Cir. 2012).
“” CaLPenal Code § 1000.4(a). In 2003, a felony complaint was filed against Suarez in California Superior Court, alleging that he committed two violations of the California Health and Safety Code: (1) felony possession of methamphetamine; and (2) the misdemeanor of being under…”
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