Before we can get to the issue of what the difference is between PC 1203.4 and PC 1203.4(a), we must understand what exactly expungement is under the California expungement statute.
Expunging your criminal record in California is the activity of petitioning the state court where by your conviction took place under California Penal Code 1203.4 to re-open the case, put aside your guilty plea, your Nolo contedere plea, or factual finding of guilt, and then to put aside the conviction and dismiss the the original conviction. In case the expungement petition is allowed you'll no longer be viewed as convicted of the criminal activity by the state of California, and your criminal report will be eternally adjusted to indicate a dismissal rather than a conviction. Therefore, if the criminal conviction is expunged through the court you may truthfully tell employers, your family, and all other inquiring persons that you haven't formerly been found guilty of a crime. The truth is, that you will be no longer considered found guilty of the criminal offense via the state of California.
Hence, California criminal expungement is often very beneficial. Although California Penal Code 1203.4 and 1203.4(a) makes it possible for people with former convictions to petition the judge for expungement relief for those prior convictions in specific situations, we often find a great deal of stress and confusion from our clientele in struggling to ascertain the main difference between PC 1203.4 and PC 1203.4(a) with regards to processing the expungement motion. The difference is quite simple actually, yet is hard to find a straightforward answer to.
The only real difference in the applicability of these 2 sections is whether you were granted probation as component of your original sentence. If probation was not a part of your initial criminal sentence you will then be filing for expungement relief under Penal Code 1203.4(a). If probation was a part of your initial sentence you will subsequently be filing for relief under PC 1203.4. It genuinely is that straightforward, and it is particularly important for you to file your motion for expungement under the most appropriate section, otherwise the judge could dismiss the petition on a technicality.
It truly is actually somewhat silly that the state legislature has decided to make this distinction, but it does make it possible for the court to effortlessly distinguish when an expungement petition is mandatory and when it's discretionary. PC 1203.4(a) motions are obligatory, meaning relief has to be provided, whereby 1203.4 motions are up to the prudence of the judge.