Error and/or relief
The trial court applied an incorrect legal standard in denying relief on the defendant’s petition for relief under section 1203.4. We remand to enable the trial court to determine whether defendant is still on probation for another offense, which would affect her present eligibility for relief
First Holding:
The defendant filed a motion for dismissal of her conviction under section 1203.4, having previously successfully been discharged from probation early (she had completed all of the terms of her probation, which the trial court at the hearing on her motion for early discharge from probation expressly found to be very commendable). The trial court denied the petition for relief under 1203.4 on the basis that it was too soon after her probation was terminated.
A person is eligible for section 1203.4 relief if she proves that (1) (a) she has fulfilled the conditions of probation for the entire period of probation, (b) she has been discharged prior to the termination of probation, or (c) it is otherwise in the interest of justice to grant relief, and (2) she is not then serving a sentence for an offense, on probation for an offense, or charged with the commission of an offense.
Authority:
PEN 1203.4(a)
People v. Holman (2013) 214 Cal.App.4th 1438, 1459
People v. Johnson (2012) 211 Cal.App.4th 252, 263 [burden of proof on applicant for relief]
Second Holding:
Although a court retains discretion whether to grant relief in the third, interests of justice scenario, relief is mandatory and must be granted in either of the first two scenarios—assuming the defendant meets the additional requirement that she is not serving a sentence, on probation, or charged with an offense at the time of her petition.
Because relief in this scenario is mandatory, the trial court’s stated concerns about defendant having only been off probation slightly over a year and relief being not in the interest of justice have no bearing on the propriety of relief.
Authority:
People v. Butler (1980) 105 Cal.App.3d 585, 587
People v. Guillen (2013) 218 Cal.App.4th 975, 1001
People v. E.B. (2020) 51 Cal.App.5th 47, 54
Third Holding:
Early termination of probation for reasons other than good conduct does not qualify as a discharge from probation
Authority:
People v. Johnson (2012) 211 Cal.App.4th 252, 262-263
Fourth Holding:
The record is unclear whether the defendant was on probation for a different offense at the time she submitted her petition for relief under section 1203.4. Thus, we must remand for the court to make that determination.
Authority:
People v. Wilkinson (2008) 163 Cal.App.4th 1554, 1574 [remanding to trial court to finish the analysis it would have performed if the court had not made error]
Fifth Holding:
Section 1203.4 is a rehabilitative provision that rewards a person who has successfully completed probation. It authorizes a person who previously entered a guilty or no contest plea to withdraw the plea (or, if convicted by other than plea, to have the verdict of guilty set aside), have the charges underlying the conviction dismissed, and thereafter be released from all penalties and disabilities resulting from the offense.
This dismissal does not, strictly speaking, expunge the conviction, because charges dismissed under section 1203.4 may be treated as convictions for some purposes.
(Gary note: Read section 1203.4 carefully with regard to that preceding statement. While it’s certainly a nice closure, and maybe more than a simple pat on the back, it does not give the person a completely clean slate.)
Authority:
People v. Woodward (2025) 116 Cal.App.5th 379, 398,
People v. Park (2013) 56 Cal.4th 782, 803
People v. Seymour (2015) 239 Cal.App.4th 1418, 1429