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Dismiss Criminal Case
Who qualifies for dismissal under P.C. 1203.4?
A defendant who was convicted of an infraction, misdemeanor, or felony that was not sentenced to state prison and has completed all the terms of his or her sentence, including the payment of fines and both formal and informal probation can petition for a dismissal.
Who does not qualify for dismissal under P.C. 1203.4?
A defendant who is presently charged, serving a sentence, or on probation for a separate offense does not qualify for dismissal on a prior conviction.
How does a dismissal under P.C. 1203.4 work?
A defendant who qualifies for dismissal needs to wait a year after his or her conviction before submitting a Petition for Relief form to the Superior Court where the conviction took place. That Superior Court, then has ten weeks to review the petition and make a decision on the dismissal of the case. If the court decides to reopen the case and dismiss the defendant’s criminal conviction, then the defendant’s record will be changed to show the conviction and reflect the dismissal.
What are the limitations of a dismissal?
A dismissal under P.C. 1203.4 will not remove the conviction from the defendant’s rap sheet and will be considered a strike if the defendant has a subsequent conviction. The conviction will also still be allowed to be used for impeachment purposes if the defendant is being tried on a subsequent offense and for immigration removal purposes.
What are the benefits of a dismissal?
A dismissal under P.C. 1203.4 will permit the defendant to fill out job applications, except for government employment, without having to inform potential employers of the conviction dismissed.
Who should you contact?
You made a mistake and were arrested, charged, tried, convicted, and sentenced for it. Now you have successfully completed the sentence imposed on you and learned from your mistake. You want nothing more than to use your newfound liberty to take your life back. What do you do next? You will want to secure employment, find a place to live, build your credit and do everything you can to provide for your loved ones. However, turning your life around will prove to be a difficult task to complete with a conviction on your record. It does not have to be difficult, contact Monder Law Group if you want to know more about P.C. 1203.4 and how it applies to your specific circumstances. Allow our experienced attorneys to assist you in obtaining a dismissal of your conviction. We understand that mistakes happen but one mistake does not define a person and does not have to follow them the rest of their lives.
If you are looking to dismiss a criminal case contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Defense