Oc Public Defender New Leaf Program Los Angeles

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Penal Code sections 1203.4, 1203.4(a) or 1203.42(a)

(Formerly referred to as an 'Expungement' under Penal Code section 1203.4, 1203.4(a) or 1203.42(a)) A conviction may be set aside and dismissed on your record so that when you apply for most jobs, you can legally indicate that you were not convicted of that crime. In order to qualify you must:

1. Not be on probation or parole
2. Not have been sentenced to state prison on this case unless your state prison sentence was served at the county jail pursuant to 1170 (h)(5)
3. And you are not currently charged with a crime and your conviction is from Orange County.

Penal Code section 1203.43

Set to Help Immigrants Who Completed Deferred Entry of Judgment

Since 1997, California law has permitted a criminal court judge to offer deferred entry of judgment (DEJ) to qualifying defendants charged with a first, minor drug offense. The DEJ process was meant to help first time offenders avoid the debilitating consequences of a drug conviction. But while a successfully completed DEJ is not a conviction for any California purpose, it is a very damaging drug conviction for immigration purposes -- even after charges have been dismissed under PC § 1000.3. Thus, thousands of non-citizens accepted the deferred entry of judgment program only to find that, under immigration law, their cases were still considered convictions, and they were still subject to deportation and other serious consequences.

As of Jan. 1, 2016 a new law offers California post-conviction relief to benefit immigrants, PC section 1203.43, withdrawal of plea after DEJ dismissal of charges. In section 1203.43 the Legislature acknowledges that the DEJ statute misinformed defendants, including all non-citizens, about the consequences of pleading guilty, and for that reason deems the plea legally invalid. Withdrawal of the guilty plea is thus for cause, based on this legal defect.

Section 1203.43 is a simple procedure that should eliminate this 'conviction' for immigration purposes. It is simple because a judge can often grant 1203.43 on the papers without a hearing, since the only required showing is that the court in fact dismissed the defendant's charges under PC 1000.3. (If court records are no longer available, section 1203.43(b) provides that a declaration plus DOJ record can suffice.)

Section 1203.43 eliminates the conviction for immigration purposes because the basis of the plea withdrawal is legal error: the finding that PC section 1000 misadvised defendants, including all non-citizen defendants, as to the actual consequences of DEJ when it said that DEJ would not result in the loss of any legal benefit. Therefore, the defendant's DEJ guilty plea is legally invalid. The statute explicitly sets out these findings at 1203.43(a), so a judge need not independently make or evaluate the findings.

Please contact the Orange County Public Defender at 714 834-2144, if you entered into a DEJ guilty plea, in Orange County and completed the DEJ drug program. If you qualify for our services, the Public Defender will file the section 1203.43 petition on your behalf.

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