Under Proposition 36, many defendants convicted of nonviolent drug possession offenses must receive probation on condition of participation in a drug treatment program.[241]  “At any time after completion of drug treatment, a defendant may petition the sentencing court for dismissal of the charges.  If the court finds that the defendant successfully completed drug treatment, and substantially complied with the conditions of probation, the conviction on which the probation was based shall be set aside and the court shall dismiss the indictment or information against the defendant.”[242]  Except for the prohibition against possession of a concealable firearm, and except for the obligation to disclose the conviction in an application for public employment or jury service, “the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.”[243] 

 

            This expungement provision is substantially similar to Penal Code § x1203.4(a), and sufficiently analogous to the Federal First Offender Act, that the Ninth Circuit should hold it eliminates convictions for immigration purposes under the same circumstances as in Lujan. See § 10.15, supra.

[241] Penal Code § 1210.1(a).

[242] Penal Code § 1210.1(d)(1).

[243] Penal Code § 1210.1(d)(1), (2), (3).

Other

CAL POST CON " EXPUNGEMENT " PROP 36 ELIGIBILITY
People v. Barros, 209 Cal.App. 4th 1581, 148 Cal.Rptr.3d 105 (Cal.App. 1 Dist. Oct. 16, 2012) (reversing denial of Prop 36 probation, for disqualifying offense in same proceeding, where earlier binding ruling that charges were not properly joined under Penal Code 954 precluded conclusion that both convictions occurred in same proceeding).