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California Penal Code Section 1203.4a
- 1203.4a. (a) Every defendant convicted of a misdemeanor and not
granted probation shall, at any time after the lapse of one year from
the date of pronouncement of judgment, if he or she has fully
complied with and performed the sentence of the court, is not then
serving a sentence for any offense and is not under charge of
commission of any crime and has, since the pronouncement of judgment,
lived an honest and upright life and has conformed to and obeyed the
laws of the land, be permitted by the court to withdraw his or her
plea of guilty or nolo contendere and enter a plea of not guilty; or
if he or she has been convicted after a plea of not guilty, the court
shall set aside the verdict of guilty; and in either case the court
shall thereupon dismiss the accusatory pleading against such
defendant, who shall thereafter be released from all penalties and
disabilities resulting from the offense of which he has been
convicted, except as provided in Section 12021.1 of this code or
Section 13555 of the Vehicle Code. The defendant shall be informed
of the provisions of this section, either orally or in writing, at
the time he or she is sentenced. The defendant may make such
application and change of plea in person or by attorney, or by the
probation officer authorized in writing; provided, that in any
subsequent prosecution of such defendant for any other offense, the
prior conviction may be pleaded and proved and shall have the same
effect as if relief had not been granted pursuant to this section.
This subdivision applies to convictions which occurred before as
well as those occurring after, the effective date of this section.
- (b) Subdivision (a) does not apply to any misdemeanor falling
within the provisions of subdivision (b) of Section 42001 of the
Vehicle Code, or to any infraction.
- (c) A person who petitions for a dismissal of a charge under this
section may be required to reimburse the county for the cost of
services rendered at a rate to be determined by the county board of
supervisors not to exceed sixty dollars ($60), and to reimburse any
city for the cost of services rendered at a rate to be determined by
the city council not to exceed sixty dollars ($60). Ability to make
this reimbursement shall be determined by the court using the
standards set forth in paragraph (2) of subdivision (f) of Section
987.8 and shall not be a prerequisite to a person's eligibility under
this section. The court may order reimbursement in any case in
which the petitioner appears to have the ability to pay, without
undue hardship, all or any portion of the cost for services
established pursuant to this subdivision.
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