False or forged instruments

It allows allegedly fraudulent documents, including those affecting real property, to be cleared from public records before a criminal case ends. It also protects defendants whose diversion fails by limiting use of their stipulation to void the document.

What the law does ​

• Allows a defendant granted diversion to stipulate that a false or forged instrument is void from the start.
• Requires a court, on the prosecution’s written motion and after a hearing, to void the instrument if appropriate under applicable law.
• Bars use of the stipulation in civil or criminal proceedings without consent if the defendant leaves or fails diversion and the criminal case resumes.
• Prohibits denial of diversion or a finding of noncompliance merely because a defendant declines to stipulate.
• Requires the prosecution to file the court’s certified voiding order in the appropriate public office, including recording it where affected real property is located.

Who it affects ​

• Defendants charged with filing, registering, or recording false or forged instruments who receive diversion.
• Property owners, lienholders, lenders, tenants, and others with recorded interests in affected real property.
• Prosecuting agencies that seek court orders voiding false or forged instruments.

Context ​

The underlying offense remains a felony, and each false or forged instrument can be charged separately.