With the pandemic surging in numbers, coronavirus is still a concern in California prisons. The state’s justice system has implemented several protocols in response. One such response is the passing of AB 3234. Beginning January 1, 2021, California will now be able to take steps to ease overcrowding while expanding opportunities for second chances for defendants.

On September 30, 2020, Governor Gavin Newsom signed AB 3234. AB 3234  gives judges the ability to place first-time misdemeanor offenders in a diversion program.

AB 3234 builds off a successful diversion pilot program in Los Angeles County that has decreased the number of jury trials by more than 2,000 over a two-year period. Rather than being convicted for a misdemeanor, potentially having to serve jail time, paying a fine, and having a criminal record, AB 3234 will give first-time offenders an opportunity to fulfill the terms and conditions of a diversion program. At the end of this program, defendants who successfully complete all conditions will have the charges dropped and the arrest taken off their criminal record, effectively making it appear as if the arrest had never occurred.