Error and/or relief
The petitioner’s motion to dismissal under section 1203.4 upon complete of probation was mandatory, and should have been granted.
First Holding:
Once a defendant has fulfilled all the conditions of probation for the entire period of probation (or has been discharged prior to the termination of the period of probation), and are not then serving a sentence for an offense, on probation for an offense, or charged with the commission of an offense, section 1203.4 provides that a defendant must be permitted to withdraw the plea of guilty and have the court dismiss the accusations or information against the defendant and be released from all penalties and disabilities except as provided in Vehicle Code section 13555.
Authority:
PEN 1203.4
Second Holding:
If the defendant has fulfilled the conditions of probation for the entire period of probation, dismissal is mandatory. If the defendant has not fulfilled the conditions of probation for the entire period of probation or been discharged prior to the termination of the period of probation, the court may still grant relief in its discretion in the interests of justice. Here, the defendant had fulfilled the conditions of probation for the entire period of probation, was not not then serving a sentence for an offense, on probation for an offense, or charged with the commission of an offense. It was error to deny the petition.
Authority:
People v. Daffeh (2024) 104 Cal.App.5th 790, 796
People v. Guillen (2013) 218 Cal.App.4th 975, 991