Legal Question in Criminal Law in California
What is the difference between Penal Code 1203.4 and 1203.4a? I had a case in 1998 that was convicted as a felony with court probation for 5 years. In 2002, I had this conviction reduced to a misdemeanor. I submitted paperwork requesting dismissal under 1203.4a but was granted 1203.4 instead. I'm arguing that my probation was terminated in 2002 however my court documents ar inconclusive because he Clerk states that my court documents were destroyed. What should I do to have this changed from 1203.4 to 1203.4a? or is there any difference?
2 Answers from Attorneys
You would be eligible for a dismissal under Penal Code 1203.4a only if you were convicted of a misdemeanor and NOT granted probation. (That usually happens when the court imposes a fine only, or gives credit for time served without probation.)
Since you were placed on probation, you are not eligible for dismissal under Penal Code 1203.4a, even though your felony conviction was subsequently reduced to a misdemeanor.
Mr. Marshall is correct. Penal Code section 1203.4a is for defendants convicted of misdemeanors who were not granted probation, but who have fully complied with and performed the sentence of the court. Penal Code section 1203.4 is for defendants who were given probation.
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