California Penal
Code Section 1203,4(a)
Misdemeanor
Expungement
California Penal Code section 1203.4(a) states that every
defendant convicted of a misdemeanor and not granted probation shall, at any
time after the lapse of one year from the date of pronouncement of judgment, if
he or she has fully complied with and performed the sentence of the court, is
not then serving a sentence for any offense and is not under charge of
commission of any crime and has, since the pronouncement of judgment, lived an
honest and upright life and has conformed to and obeyed the laws of the land,
be permitted by the court to withdraw his or her plea of guilty of nolo
contendere and enter a plea of not guilty; or if he or she has been convicted
after a plea of not guilty, the court shall set aside the verdict of guilty;
and in either case the court shall thereupon dismiss the accusatory pleading
against the defendant, who shall thereafter be released from all penalties and
disabilities resulting from the offense of which he or she has been convicted,
except as provided in Section 12021.1 of this code or Section 13555 of the
Vehicle Code.
The defendant shall be informed of the provisions of this
section, either orally or in writing, at the time he or she is sentenced, The
defendant may make an application and change of plea in person or by attorney,
or by the probation officer authorized in writing; provided, that in any
subsequent prosecution of the defendant for any other offense, the prior
conviction may be pleaded and proved and shall have the same effect as if
relief had not been granted pursuant to this section.
