Penal Code 1000 and State Licensing Agencies
Stated in Penal Code 1000, California drug diversion allows certain defendants facing narcotics charges to complete a rehab program rather than go to jail. Generally, only nonviolent first-time drug users or possessors qualify. And those who underwent a prior drug diversion program within the last five years do not.
Penal Code 1000 offers a unique feature in California law: those who successfully complete the program are immune from administrative consequences from state licensing agencies. That is, licensing boards may not consider the case or the arrest in granting, renewing or denying state licenses.
For example, suppose Lucy gets arrested for possessing a few grams of cocaine (for personal use). Lucy opts to participate in Penal Code 1000 drug diversions and completes all the requirements successfully. She later attends nursing school and applies to the Board of Registered Nursing for an RN license. The BRN may not deny her a license because of her drug arrest…nor may it use the case against her for any purpose.
Contrast this with the effects of an expungement. Suppose instead of drug diversion, Lucy was convicted of the possession charge and later had the matter expunged. Although employers in California may not hold an expunged conviction against an employee, licensing boards still can still consider the conviction. So in the second example the BRN could potentially deny Lucy an RN license because of her prior drug case.
For these reasons, Penal Code 1000 is an excellent choice for many people facing qualifying drug charges. Those who succeed with the program really do get a clean slate.
