Probation Department Policy/Procedure Manual

1.28 Motion for Dismissal/Expungement PC 1203.4

Location General Supervision
Section N/A
Subject 1.28 Motion for Dismissal/Expungement PC 1203.4
Purpose For use by officers to determine which report template to use based on report criteria, and the information required for each report type.
Effective Date 9/9/2022
Previous Effective Date

 

The defendant or his attorney may apply for relief under PC1203.4 if formal probation is expired or the defendant has been discharged prior to the termination date. Or, in the interest of justice, if the court determines that a defendant should be granted relief under this section.

  1.  The defendant must not be serving a sentence for any offense or be on probation.
  2.  Any PC 1203.4 Petition received, whether referred from the Court or a filed, conformed copy received via mail, will have a green slip opened to the last assigned officer if the case listed on the Petition was ever a formally supervised case. If a Request for PC 1203.4 report is received from the Court, or a filed, conformed copy of the Petition is received from the attorney or the defendant, Probation will complete the report. If no hearing date is scheduled, the report will be due to the Court 30 days from the date the Petition was filed.
  3. If the case was originally a Bench case, the Petition will be provided to Collections so that they can advise the Court if the defendant was in compliance with payment of fines, fees or restitution.
  4. If the defendant was formally supervised FOR ANY PERIOD OF TIME, the last assigned officer will complete the report, even if the case was converted to Bench. In those instances, the Probation Officer completing the report should contact Collections and obtain the information as to payment of fines, fees and restitution.
  5. Per the Court, misdemeanor and infraction 1203.4 Petitions are never set for a hearing. As such, when the investigation event is opened, the "Report in" date should be listed as 30 days from the date of filing of the Petition and the "Report due" date should be listed as 7 days prior. This will ensure the information is provided to the Court in a timely manner and prevent re-referrals.
  6. The Legal Clerk will run a CLETS. The Probation Officer will look at the defendant’s criminal history, if the case has any restitution owing, if defendant successfully completed probation grant and any special terms of probation, such BIP, CWS, etc.
  7. The assigned Probation Officer will call the Deputy District Attorney and get their comment, contact Victim Witness, and notify the victim, if applicable.
  8.   The assigned Probation Officer will complete the report Exparte 17b-1203.4 – Closed Case. The indicated information will be provided to the Court, but no recommendation shall be made.
  9. If granted PC 1203.4, the defendant is not relieved from the obligation to disclose conviction on application for public office, licensure by any state or local agency, or for contracting with the California State Lottery Commission.  
  10. Dismissal of PC1203.4 does not permit a person to own, posses, or have custody or control of a firearm.
  11. Subdivision (a) of PC1203.4 does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code (infraction) or to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.