Assembly Bill No. 1352 (AB 1352) added Penal Code 1203.43 to provide a way to vacate minor California drug convictions entered as part of the Deferred Entry of Judgment program. Existing law allows a defendant who meets certain requirements, such as not having a prior conviction for a controlled substances offense, to avoid having his or her arrest for possession of a controlled substance be the basis for denial of any employment, benefit, license, or certificate. Penal Code 1203.43 requires a court to allow a defendant granted DEJ on or after January 1, 1997, who has successfully completed his DEJ period, after which charges were dismissed, to withdraw his plea of guilty or nolo contendere and enter a plea of not guilty, and require the court then to dismiss the complaint or information.

In a case where court records showing the resolution are no longer available, the defendant may declare, under penalty of perjury, that the charges were dismissed after successful completion of the DEJ period. Defendant would also be required to submit his or her state criminal history summary to support this. Then, the court is required to vacate and dismiss the conviction.

The California Legislature found that the statement made to defendants receiving DEJ, pursuant to Penal Code 1000.4, that successful completion of a DEJ program shall not, without the defendants consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate, constitutes misinformation about the consequences of entering a guilty plea, particularly for noncitizen defendants, because the conviction does, in fact, carry immigration consequences. Accordingly, the Legislature found that the misinformation causes defendants prior pleas to be invalid, and the appropriate remedy is to require a court to vacate the conviction and allow the defendant to enter a not guilty plea in cases where the DEJ period was successfully completed.

Note: The same ground of legal invalidity infects the guilty pleas even of those who did not successfully complete DEJ or who otherwise do not qualify for relief under Penal Code 1203.43.
NEW6.77 Dismissals under Penal Code 1204.43