PETITIONS FOR DISMISSAL UNDER PC § 1203.4 – THEY AREN’T FOR EVERYBODY
One of the most common questions we hear in our office is “when can I erase, expunge, or vacate a conviction from my record”? Unfortunately, the real question is not about WHEN can I erase this conviction, but CAN I erase the conviction at all.
One way to clean up a prior criminal conviction is to petition the court for dismissal under PC § 1203.3 or 1203.4, et al. The code in its most basic description provides that if you have been convicted of certain felony or misdemeanor offenses, you can ask the court to change your plea of guilty to not guilty. If the motion is granted, the court has the ability to erase the conviction and dismiss the case in its entirety, almost as if it never happened.
Sounds simple, right? Not quite. What many people fail to realize is that not every conviction can be erased by a Petition for Dismissal. The question then becomes “who is eligible”? As the list for eligibility is rather lengthy, a more efficient way to analyze this question is by determining who is not eligible for this type of relief.
- First, you are not eligible if you were convicted of a felony or misdemeanor and were sentenced to state prison. This is a statutory bar without exception, so if you went to state prison, this is not relief you should seek as it will be denied.
- Second, you are not eligible if you did not complete the terms of your probation (including payment of court fines and fees). For example, if you pick up a new case or your probation was revoked and not reinstated (meaning you served some time behind bars instead of completing probation), then your petition will not be granted.
- Third, you are not eligible if you are serving a sentence for any offense, are still on formal probation or informal probation for any offense, or a charged with the commission of any new offense. It must all be water under the bridge with a crime free lifestyle.
- Fourth, if you were convicted of a crime within one year of the pronouncement of judgment, you likely will not be eligible. In this circumstance is would be best to argue a dismissal is in the interests of justice. This issue will be discussed in further detail at a later date.
- Finally, certain convictions are simply not eligible for dismissal at all. These typically include violations of Vehicle Codes on reckless driving to avoid a peace officer, and crimes of sexual assault and public indecency.
At the end of the day, what all this means is a Petition for Dismiss.
al is not for everybody. If you are considering cleaning up your criminal record, it is imperative to reach out to an experienced criminal law attorney who will be able to guide you down the appropriate path.
The information provided above is not to be taken as a guarantee. It is important to remember that no two cases are alike, and your chances of relief will vary depending on a combination of factors. If you have particular questions, contact our office, or comment below.
