Both clean up your record — but they work at opposite ends of a case.
Diversion avoids a conviction in the first place. Expungement clears one after the fact. When you can get diversion, it is almost always the better outcome.
Diversion: No Conviction
Judicial diversion (PC 1001.95) and mental health diversion happen during the case. The court pauses the proceedings, you complete conditions, and the case is dismissed with no conviction ever entered. Because there is no conviction, there is nothing to disclose on most applications.
Expungement: Clearing a Conviction
Expungement (PC 1203.4) comes after a conviction — once you have completed probation, the court sets the conviction aside and dismisses it. It is a real benefit, but the conviction did happen, and some contexts (licensing boards, immigration) can still consider it.
Which Is Better?
Diversion is better when you can get it, because you avoid a conviction entirely. Expungement is the tool when a conviction already exists. Many cases are eligible for diversion that clients never pursue — which is why the first question in any case is whether a no-conviction outcome is available.
Frequently Asked Questions
What is the difference between diversion and expungement?
Diversion happens during a case — the court pauses it, you complete conditions, and the case is dismissed with no conviction ever entered. Expungement happens after a conviction — once probation is done, the court sets the conviction aside and dismisses it. Diversion avoids a conviction; expungement clears one.
Is diversion better than expungement?
When you can get it, yes. Diversion means no conviction is ever entered, so there is nothing to disclose on most applications. Expungement is the tool when a conviction already exists — a real benefit, but the conviction did happen and some contexts can still consider it.
Can any case get diversion instead of expungement?
Not every case, but many more than clients realize. Judicial diversion (PC 1001.95) covers most misdemeanors, with carve-outs for DUI, domestic violence, and registerable offenses. The first question in any case should be whether a no-conviction outcome like diversion is available.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com