It lets an eligible minor, together with their family, address the cause of the behavior instead of having criminal charges filed at all. San Diego County’s District Attorney began the Juvenile Diversion Initiative (JDI) in 2021; its own program page calls it “a county wide early intervention program that prioritizes diversion options for youth instead of filing criminal charges.” JDI runs before a case is filed, not as a step inside a juvenile court proceeding that has already started.

Who qualifies

JDI is “available for youth between the ages of 12 and 18 who commit misdemeanor and many felony offenses,” according to the DA’s page, but not for offenses listed in Welfare and Institutions Code section 707(b). That list has 30 entries, including murder, robbery, “rape with force, violence, or threat of great bodily harm,” and assault “by any means of force likely to produce great bodily injury.” Whether a particular charge is on the list should be confirmed with the DA’s office or defense counsel rather than assumed either way.

What participation involves

JDI is built around the family, not just the youth. The DA’s page states that “San Diego County youth have the opportunity to participate in JDI with their family or caregiver,” working together to identify needs and connect to services that address the contributing factors behind the behavior. The program includes therapeutic services, pro-social skill-building opportunities, educational support, and restorative justice community conferencing that also addresses the needs of the people harmed by the incident.

What completing JDI means for the record

Participation is voluntary. If the youth completes the program, the DA’s page states that “upon completion the diverted youth will have the opportunity to have their arrest record sealed.”

A state statute covers this kind of program. Under Welfare and Institutions Code section 786.5, when a juvenile satisfactorily completes a diversion program to which the juvenile “is referred by the prosecutor in lieu of the filing of a petition,” the probation department “shall seal” the citation, arrest, and other records in its custody and must tell the arresting agency and the Department of Justice to seal theirs. Satisfactory completion means substantial compliance with the program’s reasonable terms that are within the youth’s capacity to perform, and probation makes that call within 60 days. Once the records are sealed, the arrest is “deemed not to have occurred.” If probation finds the program was not satisfactorily completed and does not seal the record, it must give the reasons in writing, and the youth can petition the juvenile court to review that decision.

Practical next steps

  • Ask the DA’s Juvenile Diversion office directly whether a specific case qualifies; eligibility depends on the exact charge and the youth’s age. The office can be reached by email at juvenilediversion@sdcda.org, or through the contact information on its Juvenile Diversion page.
  • If the charge might be one of the offenses listed in section 707(b), have counsel compare the exact charge with the list, since those offenses are excluded.
  • Plan for the youth and a parent or caregiver to take part together, since the program is built around family involvement rather than the youth alone.
  • Ask what happens if the youth does not complete the program, and confirm that the case was referred in place of a petition being filed.
  • After completion, watch for the probation department’s written notice about sealing and keep it.

The Law Offices of David S. Chesley can help a San Diego County family understand whether JDI fits a minor’s case and what participating would involve. Call (800) 755-5174 to discuss the case.