People v. Perez CA2/6

DISCUSSION

Section 1203.4 provides a release from the penalties and disabilities of a conviction under enumerated circumstances. (People v. Seymour (2015) 239 Cal.App.4th 1418, 1429.) Strictly speaking, section 1203.4 does not “expunge” a conviction or render it a nullity; dismissed charges may be treated as convictions for some purposes, such as a prior conviction or as impeachment. (Ibid.) There are three circumstances in which a defendant may apply for relief pursuant to section 1203.4, subdivision (a): if, 1) he has fulfilled the conditions of his probation for the entire term of probation; 2) he has been discharged before the termination of the period of probation; or, 3) in any case in which the court, in its discretion and in the interests of justice, determines he should be granted relief. (People v. Guillen (2013) 218 Cal.App.4th 975, 991; People v. Holman (2013) 214 Cal.App.4th 1438, 1459.) A defendant is entitled to dismissal of the charges against him as a matter of right regarding either of the first two circumstances. (Ibid.) Once probation is terminated early, a later judge who is requested to grant section 1203.4 relief is without discretion to deny relief.…