Short answer: For simple possession cases, first-time defendants in California are often steered toward diversion or probation instead of jail, especially after Proposition 47 reclassified many drug-possession felonies as misdemeanors. Successful completion of pretrial diversion can lead to a case dismissal; other options include judicial diversion, mental-health diversion, or traditional probation with classes/testing. Outcomes depend on the charge, facts, local practice, and the judge.

Common first-time charges & how they’re treated

• Simple possession (H&S 11350/11377): Typically a misdemeanor post-Prop 47; courts frequently consider diversion or probation with treatment/education.
• Possession for sale (H&S 11351/11378): Charging decisions turn on evidence of intent to sell; these remain felonies and are not the same as simple possession.

Diversion pathways that can dismiss the case

1) Pretrial drug diversion (PC 1000)

If eligible, defendants complete a treatment/education plan, testing, and compliance. Upon satisfactory completion, the court dismisses the charge(s). Eligibility is limited to specified drug-possession/personal-use offenses and requires no disqualifying priors within the look-back periods.

2) Judicial diversion (PC 1001.95) – misdemeanors

Judges can pause many misdemeanor cases (even over prosecutor objection), order conditions (classes, community service, testing), and dismiss the case after successful completion (up to 24 months). Some offenses are excluded by statute.

3) Mental-health diversion (PC 1001.36) – misdemeanors & felonies

Available when a qualifying DSM diagnosis significantly contributed to the offense, treatment is likely to help, and community treatment won’t pose unreasonable risk. Time limits: generally up to 1 year (misdemeanor) or 2 years (felony). Successful completion leads to dismissal with arrest-record protections; serious sex and certain violent crimes are excluded. Recent guidance clarifies the diagnosis need not pre-date the offense.

What “Prop 47” changed for first timers

Proposition 47 (2014) reclassified many drug-possession offenses as misdemeanors and created pathways to reclassify old convictions. Policy debates continue, but as of today its core possession-reduction framework still stands.

Record relief after the case

• Diversion success: Case is dismissed; arrest access is restricted under the diversion statutes.
• Post-conviction relief: If a conviction occurs, many people seek PC 1203.4 “expungement” (a dismissal of the conviction record—note this is not true sealing) or benefit from California’s automatic record-relief systems (AB 1076/SB 731) for eligible arrests/convictions.

The first 72 hours: reduce risk by coordinating three pillars

1. Release quickly so treatment can start
2. Posting bail promptly gets defendants stabilized, employed/school-connected, and testing clean within 24–48 hours—evidence judges look for at diversion hearings. In Los Angeles County, families often contact a bail bonds agency to expedite release.
3. Get a defense strategy in place
4. An attorney evaluates eligibility (PC 1000 / 1001.95 / 1001.36), prepares reports, and files diversion motions at the right time. For drug possession or personal-use cases in LA, many consult a drug possession attorney in Los Angeles to structure the ask and protect long-term options.
5. Start verified treatment & documentation
6. Courts weigh clinical assessments, randomized testing, therapy logs, and progress letters. Programs that integrate reports with counsel strengthen the diversion record. See Executive Treatment Solutions for how pretrial diversion for drug offenses works under legal matters.

Typical outcomes for first-time, simple possession cases

• Pretrial diversion granted → treatment + testing → dismissal if completed.
• Judicial diversion (misdemeanor) → conditions up to 24 months → dismissal upon completion.
• Mental-health diversion (if eligible) → treatment 1–2 years → dismissal if successful.
• Probation (if diversion not available) → classes, testing, fines/fees; later 1203.4 petition or automatic relief may apply if eligible.

FAQ

Is jail time common for first-time simple possession?

Less common post-Prop 47 when defendants are eligible for diversion or low-level probation; outcomes vary by county and facts.

Can a dismissal hide my arrest?

Diversion dismissals restrict access to arrest info by law; traditional 1203.4 dismissals do not seal records but show as “dismissed.” Automatic record relief may add protections for eligible records.

When should someone request diversion?

Any time after charging and before adjudication; courts often want to see credible treatment steps already underway.

Bottom line

For many first-time drug offenders, California emphasizes rehabilitation over incarceration—but results hinge on speed and documentation. Coordinating release, legal strategy, and treatment evidence in the first week gives the best chance at diversion and dismissal: