Parker

Rick Parker, Jr., appeals the denial of his Penal Code section 1203.4 petition to set aside a 2006 conviction for possession or purchase of cocaine base for sale. (Health & Saf. Code, § 11351.5.) The trial court had previously sentenced appellant to state prison for five years but suspended execution of this prison term and granted probation. After appellant successfully completed probation, he filed a petition to set aside the conviction. The trial court ruled that appellant was not eligible for Penal Code section 1203.4 relief because appellant “was given a five-year joint suspended sentence. Under the law, ... it is deemed that the person went to prison, it is just stayed .... The person, by operation of law, technically is in prison.” As we shall explain, the trial court’s ruling is erroneous, the Attorney General concedes, and we reverse.

Relief under Penal Code section 1203.4 is often referred to as “expungement” of the conviction but that term is not technically correct. (People v. Mgebrov (2008) 166 Cal.App.4th 579, 584 [ 82 Cal.Rptr.3d 778 ].) “ ‘ “A grant of relief under section 1203.4 is intended to reward an individual who successfully completes probation by…