Error and/or relief
The trial court erroneously denied the defendant’s motion to dismiss his conviction under section 1203.4 following his fulfillment of conditions of probation. The trial court concluded that the defendant was not eligible for relief as long as he had to register as a sex offender. The trial court denied the defendant’s petition for an erroneous reason without determining whether he fulfilled the conditions of probation for the entire probation period. Therefore, the order denying the petition is reversed, and the trial court is directed to make that determination.
First Holding:
When 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, the defendant is entitled to have his conviction set aside and the case dismissed.
Authority:
PEN 1203.4(a)(1)
Second Holding:
This statutory provision is clear. If the defendant fulfilled the conditions of probation for the entire period of probation, the trial court shall allow the defendant to withdraw his guilty plea and shall thereupon dismiss the accusations or information. Dismissal in this circumstance is mandatory.
Authority:
People v. Daffeh (2024) 104 Cal.App.5th 790, 796
People v. Tran (2015) 242 Cal.App.4th 877, 892, fn. 6 [under section 1203.4, if the petitioner establishes either of the necessary factual predicates, the trial court is required to grant the requested relief]
Third Holding:
A person who has suffered a conviction specified in section 290 is required to register as a sex offender, notwithstanding dismissal of such conviction pursuant to 1203.4. But the duty to register as a sex offender does not make the person ineligible for relief under section 1203.4
Authority:
Doe v. Brown (2009) 177 Cal.App.4th 408, 423
People v. Chatman (2018) 4 Cal.5th 277, 287
People v. Hamdon (2014) 225 Cal.App.4th 1065, 1071, fn. 3 [Section 290.007 expressly precludes relief from the sex offender registration requirement for persons whose convictions are dismissed pursuant to section 1203.4]
People v. Guillen (2013) 218 Cal.App.4th 975, 996 [same]
Fourth Holding:
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 probation period, the court still has discretion to grant relief in the interests of justice.
Authority:
People v. Guillen (2013) 218 Cal.App.4th 975, 991