Tooby's California Post-Conviction Relief for Immigrants
§ 12.22 1. Former Domestic Violence Diversion, Former Penal Code §1000.61000.11
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These statutes formerly authorized pretrial diversion for acts of domestic violence that were charged as or reduced to misdemeanors, under procedures similar to those prescribed for narcotics diversion. Domestic violence was defined as “intentionally or recklessly causing or attempting to cause bodily injury to a family or household member or placing [one] in reasonable apprehension of imminent serious bodily injury to himself or herself or another.”[56] This statute was repealed effective January 1, 1996.[57] Diversion dismissals under the former statute do not constitute convictions for immigration purposes, since no plea of guilty or no contest was entered. Therefore, it is important to check court records to determine whether pre-plea diversion was in fact granted, since then these particularly dangerous convictions would not be considered convictions for immigration purposes.
[56] Former Penal Code § 1000.6. Domestic diversion, however, was not available to the following persons:
(1) Persons charged with violating Penal Code § 245 (assault with a deadly weapon).
(2) Persons charged with violating Penal Code § 273.5 (inflicting corporal injury on spouse or cohabitant of opposite sex).
(3) Persons previously convicted within seven years of the present case of any offense involving violence.
(4) Persons previously placed on probation or parole who have had that status revoked without thereafter completing it.
(5) Persons who have been previously diverted under this statute within five years before the present case. Penal Code § 1000.6(a).
