The Penal Code 1203.4 PC states that a defendant is allowed to withdraw a petition filed by him after his probation. In his/her petition, the defendant asks the court to dismiss the case in question. The court does so when the defendant withdraws his plea of guilty or into a plea of not guilty. This petition, therefore, releases the defendant from any negative consequences. Only defendants from California who completed their probation are applicable. That being said, a criminal defense attorney will be able to shed more light on a certain case concerning the situation of the individual. Let us take a look at what the law qualifies and does not qualify as Expungement.
The law states that Individuals who have completed their misdemeanor or felony probation can go ahead with expungement.
Individuals Who Qualify For Expungement According To Penal Code 1203.4 PC
- The individual has cleared all their fines and restitution. They have also attended all community service and programs required from them. This ensures that they have completed all terms.
- The individual and/or their criminal lawyer has attended court every time they were asked to appear before a judge.
- The defendant should not have committed a new crime when they were given probation.
Individuals Who Do Not Qualify For Expungement According To Penal Code 1203.4 PC
Often, criminal attorneys are asked about the conditions by which defendants will not qualify for expungement. These are the following conditions:
- The individual in question is serving a sentence in jail for a criminal offense
- The individual is on probation for a criminal offense committed by them
- The individual is charged with a criminal offense. For eg:
- (A) Penal Code 286(c) PC California Law is a law that states sodomy with a child,
- (B) The Penal Code 288 PC California against the occurrence of lewd acts with a child law,
- (C ) The third code is Penal Code 288a (c) PC, which is California's law against oral copulation with a child.
- (D) Lastly, Penal Code 261.5(d) PC California's statutory rape law, which is a law that prohibits sexual intercourse between an individual who is 21 years and older and a minor – either a 16-year-old or younger.
For such individuals, they could instead be rewarded with a governor's pardon, a certificate of rehabilitation, or the commutation of their prison sentence. Any defense lawyer in California will guide them through this process.
The Benefits Of Expungement - Penal Code 1203.4 PC In California
- When a defendant is granted an expungement, he/she does not have any more penalties or disabilities of conviction.
- The expungement needs not to be revealed by an employer in a future workplace.
Factors For Dismissal Of A Conviction In California
There are innumerable situations wherein a court is liable to dismiss a conviction. Hence, a defense attorney advises an applicant to not violate his probation period. The following factors of a defendant may also be considered by a judge:
- The court will consider the seriousness of the defendant's conviction.
- The court will take into consideration the applicant's overall performance.
- They will also consider the applicant's history.
- They may review any further evidence of the applicant's family support, community ties, and opportunities available to avail the relief.
Obtaining An Expungement Under Penal Code 1203.4 PC In California
If you are looking to obtain an expungement, you need to issue a petition to the court and you can do it in person, with the help of a criminal defense lawyer or a probation lawyer. Concerning this, the court will either permit you to withdraw your guilty plea or no contest plea and renter into a no-guilty plea. The second alternative is that if you are convicted of being not guilty, then the guilty verdict will be kept aside.
A criminal attorney in California is fully aware of the law and will brief you about the Penal Code 1203.4 PC if necessary for you or a close one. In case of representation, you can contact the Law Office of Raoul Severo by mentioning the defense lawyer coupon code - CriminalDefense_07-20 and obtain a free assessment of your case.
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