Legal Question in Criminal Law in California

Re: Pre-Trial Intervention and Criminal Record

There are two ways these programs work: 1. Your case is continued for a year. And at the end of the year if you've not gotten into trouble again. Your case is dismissed. These used to be called a D. A.s Probation. 2. You plead guilty and the matter is continued for a year at which time if you've not been in trouble again. Your guilty plea is withdrawn, and your case is dismissed. That's your definitive answer. How was your case handled? Guilty plea or not? If the case was continued i.e., D. A.s Probation. You're correct. Your record will show an arrest. If you're not sure how your case was handled. Did you fill out a TAHL Form(s); initial a lot of blocks on the right and sometimes left side; signed the form on the bottom of one or more pages; then stand up in court while the judge showed you the form; and asked you how you plead? If this occured you plead guilty.

Procedure

From what you have stated, you entered a conditional plea on a misdemeanor complaint. In the interim your record will show that you have misdemeanor complaint to which you have made a conditional plea. When the case is dismissed, the file will state the charge was dismissed. Essentially, no information is lost, or will be lost with the dismissal, for the DA will have a record of this plea and consider it for any future proceedings. Most likely you will not be given a conditional plea in any future proceedings, especially if the charge is the same. Technically, you will have no criminal record, or history. Realistically, the DA has received a conviction if there are future proceedings.