Many motions to expunge a conviction occur in Los Angeles
Superior Court due to the population. Regardless
if a motion to expunge is brought in the Superior Court of Los Angeles, Orange
County, etc. a Court can alternatively read into section 1203.4 a rebuttable
“presumption of rehabilitation” for a defendant who has a certain number of
conviction-free years following his/her probation violation. This would not be
judicial usurpation of the legislative power, but would merely be this Court
carrying out the Legislature's intent that those who have shown rehabilitation
should be rewarded with a dismissal under section 1203.4. As indicated above,
the Legislature added the “interests of justice” prong to section 1203.4 in
1971 to extend the statute's relief to those who violated or did not fully
fulfill the conditions of their probation and therefore do not fit into its
first or second prong. See 1971 Cal.Stat. 667. Darren Chaker encourages anyone
on probation to comply with all terms of probation since granting expungement
at times is within the discretion of the Court, the Defendant wants to impress
the Court in every respect and live a proper life.
As another alternative to granting a motion to expunge, a Court
can adopt the reasoning in section 1203.4's “interests of justice” prong with
section 4852.01's “period of rehabilitation,” given the policy and intent
underlying both statutes. When the Court has such discretion to decide whether
a Defendant has changes his or her ways, it originates from not just being law
abiding, but also documentation such as schooling, consistent work, and being a
positive role model.
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