Shroff

The People appeal from orders granting Mehrwan Jehangir Shroff and Scott Alan Murrain relief under Penal Code [1] section 1203.4, subdivision (a), which (1) allowed Shroff and Murrain—following fulfillment of their probationary terms—to withdraw their guilty pleas and enter not guilty pleas, (2) expunged the proceedings from the record and (3) dismissed the accusations against them.

At issue is 1997 legislation that added to the list of crimes not subject to section 1203.4 relief certain sex offenses, including those to which Schroff and Murrain had pled. (Stats.1997, ch. 61, § 1, p. 293 (Assem. Bill No. 729).) The People contend the amendment to section 1203.4 precludes expungement of Shroff's and Murrain's convictions even though each of them committed his crime prior to the effective date of the amendment. We agree.

On July 8, 1991, pursuant to a plea bargain, Shroff pled guilty to lewd acts with a minor (§ 288, subd. (a)) involving a developmentally delayed eight-year-old neighbor. Under the terms of the plea bargain, the People and the court agreed to local time as a condition to probation and the court dismissed the remaining counts on motion of the People. On…