Law Office of Joseph A. Katz | Joseph A. Katz
You will likely only be charged with violations of Health and Safety Code (HS) sections 11550(a) ('Under the Influence) and 11364 ('Paraphernalia'). With no prior convictions, you will be eligible for Diversion, pursuant to Penal Code section 1000. Approximately, but no soon than, eighteen months after your plea, and after completing an approximately six-month program, you can receive a complete dismissal, as if the arrest never happened. You will be able to legally say that the arrest never happened. There is nothing else like this in the entire Penal Code. Do not squander your chance to put this completely behind you. Complete the program and do not have any more arrests or charges. You cannot participate in the program for another six years after the dismissal.
Answer Applies to: California