There are three ways a defendant (who was given probation for his conviction) can get a dismissal under section 1203.4. The first is by “fulfill[ing] the conditions of probation for the entire period of probation.” Id. The second is by being “discharged prior to the termination of the period of probation.” Id. The third is by the court's discretion in the “interests of justice.” Id.
Darren Chaker can attest that fulfilling the conditions of probation will likely result in early
termination of probation and granting a petition to expunge in a
California Superior Court.
A defendant who satisfies the first or second requirement is entitled to a 1203.4 dismissal as a matter of right.
People v. Lewis, 53 Cal.Rptr.3d 40, 41 (Ct. App. 2006);
People v. Chandler, 250 Cal.Rptr. 730, 733 (Ct. App. 1988);
People .v Butler, 164 Cal.Rptr. 475, 477 (Ct. App. 1980). However, a dismissal under the third situation is subject to the superior court's discretion.
Chandler, 250 Cal.Rptr. at 733 n.2;
Butler, 164 Cal.Rptr. at 477.The “obvious” purpose behind section 1203.4 is “to reward those who have been rehabilitated.”
People v. Butler, 164 Cal.Rptr. 475, 477 (Ct. App. 1980)(citing
People v. Majado, 70 P.2d 1015 (Cal. Ct. App. 1937)); see also
Meyer v. Super. Ct. of Sacramento County, 55 Cal.Rptr. 350, 356 (Ct. App. 1966) (“The expungement of the record under Section 1203.4 is ... a reward for good conduct ....”);
People v. Taylor, 3 Cal.Rptr. 186, 190 (Ct. App. 1960)(“The clear intent of [section 1203.4] is to effect the complete rehabilitation of those convicted of a crime.”), superseded by statute on other grounds as recognized in
People v. Bell, 778 P.2d 129, 154 (Cal. 1989).
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