People v. Asedo CA1/4

I. BACKGROUND

Asedo pled guilty to one count of possessing methamphetamine for sale. (Health & Saf. Code, §11378.) On July 18, 2005, he was sentenced to three years probation with standard terms and conditions. Asedo completed all conditions of his probation, including a 31-day residential treatment and payment of all fines and fees. Asedo’s probation expired on July 18, 2008.

1 All further undesignated statutory references are to the Penal Code.

1 On August 21, 2013, after completing his probationary period, Asedo filed a motion for expungement under section 1203.4.2 The probation department filed a report recommending the petition be granted. The report stated Asedo had fulfilled all conditions of his probation; he had no pending cases and was not serving any sentence at the time of the application. The report further noted Asedo had been convicted of a misdemeanor violation of Vehicle Code section 14601.2, subdivision (a) on June 25, 2010. The report concluded, “Because the defendant complied with the probation grant, Probation concurs with the defendant’s request for expungement.” At the November 4, 2013 hearing on the petition, the court expressed concern about the 2010…