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• Apr 21, 2023
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WHAT IS AN EXPUNGEMENT UNDER PC 1203.4

WHAT IS PC 1203.4

As defined by the Penal Code:

1203.4. (a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code.

This generally means that an expungement, under PC 1203.4, allows for the ability to withdraw a guilty plea, or no contest, and through a re entry of a not guilty plea, have the case dismissed. Additionally, the expungement releases “all penalties and disabilities” arising out of the conviction. In other words, there is no longer a requirement to disclose the conviction for employment applications or other similar activities.

WHO IS ELIGIBLE FOR AN EXPUNGEMENT?

An expungement is available to any person convicted under California law for a misdemeanor or felony so long as:

• There is a successfully completion probation for the offense, and
• You either:
  • Did not serve time in state prison for the criminal case, or
  • Served time in state prison, but would have served it in the county jail had the crime been committed after implementation of “Realignment” under Proposition 47.

If you have been convicted of a misdemeanor or felony, in the State of California, and are considering an expungement of your criminal record contact Armada Law Corp for your free consultation (510) 200-8695 .