Tooby's California Post-Conviction Relief for Immigrants

Penal Code § 1203.4a requires the court to grant expungement of a misdemeanor conviction, even if the client was not placed on probation, if s/he can show that (a) sentence has been completed; (b) at least one year has elapsed since pronouncement of judgment; (c) no new charges are pending, and the applicant is not now on probation or serving a sentence for any new charge that occurred since the original sentence was imposed; and (d) the applicant has remained free from any new conviction during one year since the date of the conviction for which expungement is sought.[211]  If there is a minor later conviction, counsel can try to persuade a court that it is too minor to disqualify the client from expunging the conviction, even though there is no statutory provision expressly authorizing discretion under these circumstances.  This expungement statute does not apply to misdemeanors listed in Vehicle Code § 42001(b),[212] or to infractions.[213]

[211] Penal Code § 1203.4a(a) requires that the defendant “has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land . . . .”  This has been construed, however, as applying only during the one-year period immediately following imposition of sentence.  People v. Chandlee (1979) 90 Cal.App.3d. Supp. 13, 153 Cal.Rptr. 188.

[212] Vehicle Code § 42001(b) lists violations of Vehicle Code § § 2800 [disobedience of lawful order of uniformed officer], 2801 [same for firemen], and 2803 [disobedience of police order to stop to correct illegal load].

[213] Penal Code § 1203.4a(b).