Tooby's California Post-Conviction Relief for Immigrants

(B)

Listed Offenses.  California Penal Code § 1203.4 has been amended to exclude certain offenders from relief under the "mandatory" or "nondiscretionary" part of that statute.  Now persons convicted of listed offenses, even if they have completed probation in a flawless manner, will have to petition the court to exercise its discretion in granting Penal Code § 1203.4 relief.[201]

[201] Penal Code § § 191.5(b) [vehicular manslaughter while intoxicated]; 192(c) [vehicular manslaughter]; Vehicle Code § § 2800.2 [attempting to evade a peace officer while driving recklessly]; 2800.3 [willful flight causing death or serious bodily injury]; 14601.1 [driving while privileges suspended pursuant to other offenses]; 14601.2 [driving while license suspended or revoked for DUI]; 14601.3 [habitual traffic offender]; 14601.4 [driving with suspended or revoked driver's license resulting in injury to another person]; 14601.5 [driving while privileges suspended for failure to take chemical test or for driving with specified blood alcohol level]; 20001 [hit and run driving with personal injury, etc.]; 20002 [hit and run driving with property damage only]; 21651(b) [driving on a highway other than to the right of an intermittant barrier or a dividing section which separates one or more opposing landes of traffic]; 22348(b) [driving a vehicle upon a highway at a speed greater than 100 miles per hour]; 23103 [reckless driving]; 23103.5 [reckless driving with alcohol involved]; 23104 [reckless driving causing bodily injury]; 23105 [reckless driving causing specified bodily injury (unconsciousness; concussion; bone fracture; protracted loss or impairment of function or a bodily member or organ; a wound requiring extensive suturing; serious disfigurement; brain injury; paralysis)]; 23109(a) [motor vehicle speed contest]; 23109(c) [motor vehicle exhibition of speed]; 23109.1 [engaging in motor vehicle speed contest causing specified bodily injuries]; 23140(a) [driving with a BAC of 0.05 by a person under the age of 21]; 23140(b) [driving while UIA (0.05) by a person under the age of 21]; 14601 [driving while privileges suspended pursuant to certain offenses]; 23152 [driving a motor vehicle while under the influence of alcohol or drugs]; 23153 [driving a motor vehicle while under the influence of alcohol or drugs with personal injury]; 31602 [unlawful driving on a public highway for the purpose of transporting explosives].