Is a defendant who has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the probation, entitled to change his plea or verdict to not guilty?

California, United States of America


The following excerpt is from People v. Davis, B229270, Los Angeles County Super. Ct. No. NA009164 (Cal. App. 2011):

4. "Section 1203.4 provides that a defendant who 'has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation' . . . is entitled as a matter of right to have the plea or verdict changed to not guilty, to have the proceedings expunged from the record, and to have the accusations dismissed. [Citation.] If the petitioner establishes either of the necessary factual predicates, the trial court is required to grant the requested relief. [Citations.]" (People v. Hawley (1991) 228 Cal.App.3d 247, 249-250, fn. and italics omitted.)

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