Deferred Entry of Judgment (DEJ) is a legal alternative in California designed for individuals charged with certain nonviolent drug offenses. Rather than going through a traditional trial and possibly ending up with a conviction, DEJ allows eligible defendants to complete a treatment or education program. If completed successfully, the charges are dismissed, meaning no conviction will go on your record.
DEJ aims to provide a second chance for people with little to no prior criminal history, especially in cases involving personal drug use where there's no evidence of selling or violence.
A criminal defense attorney helps you understand your rights, assess your eligibility, and avoid mistakes that could lead to a permanent conviction. Below, P. Jeff Voll Inc. explains how DEJ works, what steps are involved, and how your lawyer helps protect your future.
Pasadena Deferred Entry of Judgment Attorney
If you've been arrested and charged in a case that may qualify for Deferred Entry of Judgment in California, you can't afford to wait. The clock is already ticking, and the decisions you make now can shape your future. A skilled lawyer at P. Jeff Voll Inc. will step in immediately to protect your rights, help determine if DEJ is available to you, and fight to keep a conviction off your record. Don't take chances with your freedom, your job, or your reputation. Get legal help before the court or the prosecutor makes the next move without you. If you're serious about protecting your future, contact P. Jeff Voll Inc. by calling (323) 467-6400 or contact us online for a consultation with a Deferred Entry of Judgment attorney.
DEJ Eligibility Criteria
Qualifying Offenses — Eligibility for Deferred Entry of Judgment (DEJ) under California law is restricted to individuals charged with specific nonviolent drug offenses. These are primarily personal-use drug possession violations and related minor infractions as defined in Penal Code § 1000(a). The statute focuses on offenses involving possession rather than trafficking or distribution, reflecting the state's policy favoring rehabilitation over punishment for low-level drug users. The intent is to divert eligible individuals away from the traditional criminal justice system and toward treatment or education that addresses underlying substance use issues.
Examples of Eligible Violations — Common qualifying charges include violations of Health and Safety Code § 11350 (possession of a controlled substance such as cocaine or heroin), § 11357 (marijuana possession under specified amounts), § 11364 (possession of drug paraphernalia), § 11365 (being present where controlled substances are used), § 11377 (possession of methamphetamine or other specific substances), and Vehicle Code § 23222(b) (open container of marijuana in a vehicle). These offenses are typically misdemeanors or wobblers, meaning they can be charged as either misdemeanors or felonies, but only misdemeanor-level charges are eligible for DEJ.
Additional Qualification Requirements — To be eligible, individuals must not have been convicted of any offense involving controlled substances (other than the listed DEJ-eligible offenses) in the past five years. The current offense must be nonviolent and cannot involve any allegations of intent to sell, furnish, or traffic drugs. Further, there must be no indication of ongoing or habitual criminal behavior tied to substance use. Felony convictions of any kind within the last five years are disqualifying, as are prior diversions into DEJ within that same time frame.
Prosecutorial Determination — Prosecutors play a key gatekeeping role in DEJ eligibility. Under Penal Code § 1000(b), the district attorney must review the case, determine whether the individual qualifies, and either file a written declaration or make a statement on the record supporting that conclusion. If the prosecutor objects, the court may still conduct a hearing to resolve eligibility. This system emphasizes prosecutorial discretion but provides safeguards to ensure the defendant receives proper consideration.
Additional DEJ Ineligibility Factors
Repeat Participation is Barred — DEJ is designed as a one-time opportunity. Any individual who has previously participated in DEJ within the past five years is automatically disqualified. The intent behind this rule is to reserve the program for first-time or occasional offenders who have not previously benefited from diversion and who may be more likely to respond positively to early intervention.
Prior Criminal History — A history of probation or parole violations, regardless of the current offense, may weigh against eligibility. Judges and prosecutors view such histories as indicators of noncompliance or recidivism risk. Additionally, any felony conviction within the past five years—regardless of whether it was related to drugs—serves as an automatic bar to DEJ participation, reinforcing the program's focus on first-time or low-risk offenders.
Evidence of Drug Sales — Even when the current charge is one that is technically eligible, the presence of evidence suggesting drug sales or possession for sale—such as large quantities of drugs, packaging materials, scales, or significant amounts of cash—will render a person ineligible. The program is intended for personal-use offenders, and any hint of commercial intent or involvement in a broader drug distribution network disqualifies the defendant.
How the DEJ Process Works
Initiation at Arraignment — Once the prosecutor determines the individual is eligible for DEJ, the process formally begins at the arraignment hearing. At that stage, the defendant must enter a guilty plea to the charged offense. However, unlike a standard criminal case, sentencing is not imposed. Instead, the court defers the entry of judgment and places the case on hold while the individual participates in a court-approved intervention program.
Referral to Treatment Programs — The court refers eligible participants to a certified drug treatment or educational program approved by the county's drug program administrator, or deemed appropriate by the court itself under Penal Code § 1000(c). These programs are designed to provide targeted education, therapy, and life-skills support tailored to the defendant's background and offense history.
Program Variability and Cost — Programs differ by county and by the nature of the offense. Topics may include drug and alcohol education, cognitive behavioral therapy, anger management, and decision-making skills.
Successful Completion Leads to Dismissal — Upon successful completion of the assigned program, avoidance of new arrests or charges, and fulfillment of all conditions within the program timeframe (typically three to six months), the court will dismiss the case pursuant to Penal Code § 1000.10(a). The defendant avoids a criminal conviction, and the matter is effectively resolved without a lasting court record of guilt.
Failure to Complete Results in Sentencing — If a participant fails to attend the program, is re-arrested, or otherwise violates the terms of the agreement, the court may proceed to sentencing. Under Penal Code § 1000.9(d), the guilty plea previously entered will serve as the basis for judgment, and the defendant may receive penalties consistent with a standard conviction.
Expanded Terms of DEJ Probation
Core Compliance Requirements — While participation in a treatment or education program is the central component of DEJ, courts often impose additional probationary terms during the deferral period. These can include frequent check-ins with a probation officer, abstaining from drug and alcohol use, and compliance with all program requirements.
Additional Court-Imposed Conditions — Judges may require cognitive behavioral therapy, parenting classes, community service, or participation in support groups such as Narcotics Anonymous. Some courts tailor the conditions to address root causes, including trauma, mental health, or behavioral patterns that contributed to the offense.
Monitoring and Enforcement — Compliance is typically verified through regular reports from the program provider, and many participants are subject to random drug testing throughout the deferral period. A failed test may not result in a new criminal charge but can prompt the prosecutor to request the court terminate the DEJ status and proceed to sentencing.
Types of DEJ Programs Available
County-Based Program Variations — Each California county partners with different program providers, and the types of classes or services available can vary considerably. Most programs are educational in nature but also offer therapeutic elements and life skills instruction.
Specialized and Enhanced Options — Some counties offer expanded DEJ programming under Penal Code § 1000.8, including “Back on Track” and similar initiatives. These programs are longer in duration and incorporate more robust services, such as workforce readiness, GED preparation, trauma-informed counseling, and help securing identification or housing. These enhanced options aim to reduce recidivism among felony-level or high-risk individuals by addressing broader socioeconomic factors.
Early Dismissal and Judicial Discretion
Statutory and Discretionary Timelines — Although DEJ allows a maximum deferral period of 36 months, Penal Code § 1000.3 authorizes judges to grant early dismissal once a participant has demonstrated meaningful compliance—often after 12 to 18 months. Courts may take a proactive role in reviewing progress or respond to motions filed by the defense attorney.
Criteria for Early Termination — Judges weigh multiple factors, including program completion, consistent negative drug tests, community contributions, and the absence of new criminal activity. Early dismissal is not automatic but is commonly granted when the participant has met all expectations and shown sustained rehabilitation.
Record Sealing Limitations and Federal Background Checks
State-Level Sealing Provisions — Under Penal Code § 851.90, an individual may petition to seal the record of arrest and court proceedings following successful DEJ completion. Once sealed, the case is generally invisible to employers, landlords, and most private background checks. However, the court retains access for future legal purposes, and certain state agencies may also retain the information.
Federal Recognition Limits — Despite state-level dismissal, federal authorities may treat the underlying guilty plea as a conviction. This is particularly relevant in the context of immigration proceedings, firearm purchases, military enlistment, and employment with federal agencies. Courts have held that DEJ does not always satisfy federal standards for a non-conviction outcome, making it essential for non-citizens and federal job applicants to consult counsel before accepting DEJ.
Mental Health Diversion vs. Deferred Entry of Judgment
Distinct Legal Pathways — Mental health diversion under Penal Code § 1001.36 offers an alternative to DEJ that does not require a guilty plea. Instead, the court may approve diversion upon a showing that the defendant suffers from a qualifying mental disorder, and that the disorder played a significant role in the commission of the offense.
Treatment and Outcomes — Participants receive individualized mental health treatment, which may include counseling, medication, or inpatient care. If the treatment plan is successfully completed within two years, the court will dismiss the charges, and the individual may be eligible for record sealing.
Reentry Rights and Trial Option — If the defendant fails to complete the mental health program, the case is restored to the pretrial calendar, and the defendant retains the right to plead not guilty and proceed to trial. This makes mental health diversion more flexible and protective of due process than DEJ, where a guilty plea is entered upfront.
Benefits of DEJ Participation
Avoiding a Conviction — DEJ offers a critical opportunity to avoid a criminal conviction and the associated long-term consequences. For many participants, this can mean retaining employment, avoiding deportation, maintaining professional licensure, and preventing damage to personal relationships.
Alternatives to Punitive Measures — Rather than imposing jail time or formal probation, DEJ emphasizes education, rehabilitation, and restoration. This approach acknowledges addiction and substance use as public health issues and shifts the justice system toward a more compassionate, restorative model.
Risks and Consequences of Failing DEJ
Consequences of Noncompliance — Failure to meet program terms may result in immediate termination from DEJ, and the guilty plea entered at the outset will become a conviction on the defendant's record. The court will then impose a sentence, which may include jail time, fines, or other penalties depending on the original charge.
Additional Conditions and Restrictions — Some DEJ programs impose lifestyle restrictions, such as prohibitions on associating with certain individuals, traveling out of state, or using social media in ways deemed inappropriate. Violation of these ancillary terms can be grounds for dismissal from the program.
Limited Appeal Rights — There is no statutory right to appeal a denial or termination of DEJ status, though defendants may seek writ relief or pursue postconviction options under Penal Code § 1203.4 or § 1016.5 in limited circumstances.
Legal Representation and the Role of Your Defense Attorney
Eligibility Advocacy — From the outset, a California criminal defense lawyer plays a vital role in determining whether a client qualifies for DEJ and negotiating with the prosecutor if eligibility is contested. A knowledgeable attorney can challenge erroneous denials and ensure that eligibility determinations are properly documented.
Program Guidance and Compliance — Once enrolled, the criminal defense attorney remains involved to help the defendant meet program milestones, avoid missteps, and navigate court requirements. This includes calendar management, documentation, and communication with service providers.
Post-Completion Support — At the conclusion of the program, the defense attorney assists in confirming that all legal obligations have been fulfilled, coordinates with the court to ensure the dismissal is recorded, and may initiate additional relief such as sealing or expungement of records.
Pasadena Deferred Entry of Judgment Attorney
If you're facing a drug-related charge that might qualify under California's Deferred Entry of Judgment laws, you need a lawyer who knows exactly how to protect your record—and your future. At P. Jeff Voll Inc., we can confirm whether your background meets the legal eligibility rules and push for your acceptance into the DEJ program. If the prosecutor tries to claim you don't qualify, we'll challenge that with evidence and legal arguments. Once you're in the program, we'll walk you through every condition you must meet—from class selection to deadlines—to make sure you stay on track. If something goes wrong, like a missed class or a disputed test result, we'll go to court and fight to keep your case from turning into a conviction. You won't have to navigate this system alone. For real protection, contact P. Jeff Voll Inc. by calling (323) 467-6400 or contact us online for a consultation with a Deferred Entry of Judgment attorney.
Resources
California Penal Code Section 1000 – California State Legislature
This law explains when someone can qualify for Deferred Entry of Judgment. It lists the types of drug offenses that may be eligible, who can apply, and what rules apply to the program.
California Penal Code Section 1000.8 – California State Legislature
This law describes a specific type of Deferred Entry of Judgment program called the “Back on Track” reentry program. It covers who can set up this program, who may join it, what it includes, and how it works.
California Penal Code Section 1000.9 – California State Legislature
This section explains how the prosecutor decides if someone qualifies for the reentry DEJ program. It also explains what happens if the defendant does or doesn't qualify, what the prosecutor has to share with you, and what can happen if the program isn't completed.
California Penal Code Section 1000.10 – California State Legislature
This part of the law includes extra rules for how the DEJ reentry program works. It explains that a guilty plea doesn't count as a conviction unless judgment is entered. It also describes who pays for the program and how counties can fund it.
Deferred Entry of Judgment – Superior Court of California, County of Sacramento
This court page explains how DEJ works in Sacramento County. It tells you what happens when you're referred to the program, what kinds of classes are offered, how much they cost, how long you have to finish, and what happens if you don't complete it.
