California Penal Code (§ 1203.4) states that in any case every defendant convicted of a misdemeanor and not granted probation, at any time after completion of the penalties imposed by the court, is permitted to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty.
Thus, a defendant has right to withdraw:
a) plea of guilty
b) plea of nolo contendere
c) or enter a plea of non guilty
if he or she
a) has fulfilled the conditions of probation for the entire period of probation
b) has been discharged prior to the termination of the period of probation
c) 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 the law.
It should be mentioned that in addition to this requirements a defendant must not serve a sentence for any offense, be on probation for any offense, or be charged with the commission of any offense.
However, it is stated that in some cases the applicant should mention that he/she has prior arrests or convictions while the job application refers to a law enforcement agency. In addition, expungement permits to seek California State Certifications, California Student Loans and Housing Assistance.
It is important to remember that the relief will not be granted in some cases set forth by law. In particular, according to California Penal Code (1203.4), the defendants convicted of the following crimes or being in such situations are not eligible for California expungement relief:
a) California’s Penal Code 286(c) ( sodomy with a child)
b) California’s Penal Code 288 PC (lewd acts with a child)
c) California’s Penal Code 261.5(d) PC (statutory rape law which prohibits sexual intercourse between persons who are 21 years and older with persons younger than 16.6 )
d) California’s Penal Code 288.5 PC ( continuous sexual abuse of a child)
e) California’s Penal Code 289(j) PC ( forcible sexual penetration)
f) Violation of any infraction
g) Not adjudicated matters (no plea entered)
h) Charges dismissed upon completion of PC 1000 diversion
i) The case was previously dismissed.
It should be noted that if your penalty included a State Prison sentence, even if the prison sentence was suspended, it is not possible to expunge your conviction.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We are a client-centered professional expungement law firm, not a mass-market expungement mill. When our law firm accepts your California criminal case, you can put your mind at ease. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000