Tooby's California Post-Conviction Relief for Immigrants



 
 

§ 10.54 B. Mandatory Expungement for Successful Completion

 
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If a defendant has successfully complied with all of the conditions of probation during the entire probationary period, s/he will be entitled to a mandatory expungement.  The court may deny relief, however, where the defendant has not complied fully with every condition of probation during the entire probationary period, even if no formal probation violation has been found.[204]


[204] People v. Covington (2000) 82 Cal.App.4th 1263 (defendant who has not been able to pay restitution in full not entitled to mandatory expungement, even though all court ordered payments had been made); People v. Chandler (1988) 203 Cal.App.3d 782, 788, 250 Cal.Rptr. 730.

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CAL POST CON " VEHICLES " EXPUNGEMENTS " MANDATORY EXPUNGEMENT
People v. Johnson, 211 Cal.App.4th 252, 149 Cal.Rptr.3d 482 (4th Dist. Nov. 20, 2012) (Under Penal Code section 1203.4, when a defendant has fulfilled the conditions of probation for the entire probationary period he or she is entitled as a matter of right to have the plea or verdict of guilty changed to one of not guilty, to have the proceedings expunged from the record, and to have the accusations dismissed. ( People v. Covington (2000) 82 Cal.App.4th 1263, 1266, 98 Cal.Rptr.2d 852.) It was apparently intended that when a defendant has satisfied the terms of probation, the trial court should have no discretion but to carry out its part of the bargain with the defendant. ( People v. Bradus (2007) 149 Cal.App.4th 636, 641, 57 Cal.Rptr.3d 79, citing People v. Chandler (1988) 203 Cal.App.3d 782, 788, 250 Cal.Rptr. 730; People v. Hawley (1991) 228 Cal.App.3d 247, 249"250, 278 Cal.Rptr. 389.) The language of Penal Code section 1203.4 is mandatory if a defendant has fulfilled the conditions of probation for the prescribed period or has been discharged from probation. People v. Bradley (1967) 248 Cal.App.2d 887, 889, 57 Cal.Rptr. 82.).)

 

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