Can they deny me my petition for dismissal for another unrelated case
I filled a Petition for dismissal in tehama co. for a old case back in 2005 for ca penal code 470(d). i want to try and clean up my background. I am pro per and the DA Office just cam me a a copy of the opposition and they want the court to deny me dismissal for a unrelated case from 2010 in a different county. I'm still on summery probation for that but it expires here in Sep 23,2013.
all fines wear paid and jail time was served and received summery probation.
Both cases were Misdemeanor
2 Answers from Attorneys
Are you talking about a 1203.4(a) dismissal? If so the section states in part that "if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty." It makes no difference whether the current probation is in the same county or a different county from that of the original probation.
I agree with Mr. Shapiro. If you are seeking a dismissal pursuant to Penal Code section 1203.4 - commonly called expungement - then you cannot be on probation for any matter when you petition for relief. It does not matter that it is for a different case. Your only options are to either ask the court in the unrelated matter to terminate probation early (which you may or may not be entitled to) or what until your probation is over for the other case.
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