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Plea agreement to dismiss charges persuant to PC 1385
Anonymous2 views7 answers
I signed a plea agreement in 1992 in los angeles county that included the dismissal of all charges persuant to PC 1385 upon completion of probation. I successfully completed my probation. I requested my record from the state of California and this isn't reflected in the record. It shows the case being set aside and dismissed pursuant to PC 1203.4. The exact wording is as follows: "conviction set aside & dismissed persuant to PC 1203.4". It's my understanding that PC 1385 is more advantageous and I don't understand why my attorney filed an expungement request. I have the plea agreement and printouts of the entire case file form the hall of records. I need to know if I can hire someone to fix this issues for me. What is the difference between PC 1385 and 1203.4? Is it worth pursuing?
I'm making a couple of assumptions...
Because you tagged this question with "felony", I'm assuming this was a felony conviction. If that's the case, then a dismissal under 1385 is infinitely better.
I am also assuming that the original deal was to allow you to complete probation, then WITHDRAW your plea and the case would be dismissed under 1385. Legally speaking, that truly would have undone the conviction and you would no longer be a convicted felon.
If, as part of your 1203.4 petition, it included a request to reduce the charge to a misdemeanor (assuming the original charge was a "wobbler" and could be reduced) accomplishes some good things, but the 1385 dismissal completely undoes the conviction.
Depending on why you're looking into this now, what your goal is and what documentation you have (vs. what you still need to get), it can potentially be done.
Penal Code 1385 is an outright dismissal.
Penal Code 1203.4 is commonly called an "expungement," but it is a post-probation dismissal. There are limits on a 1203.4 dismissal. For instance, it does not restore gun rights, and you still have to disclose the conviction when applying for professional licenses.
If the agreement was truly for a 1385 dismissal, you should find a lawyer to dig up this 25 year old record and set things straight.
I agree with my colleagues regarding the benefits of 1385 dismiss compared to a 1203.4 dismissal. If you have a copy of the file, take it to an attorney who provides free consultations. That attorney will be able to explain what else's other documents you may need to gather and what needs to be done. Based on this, the attorney should be able to give you a quote to help you decide whether it's worth doing. It may be best to contact your attorney and request a copy of the file he has for you- he may have notes around the time of the plea referring to a 1385 dismissal.
I completely agree with all of my esteemed colleagues. If appropriate contact your attorney to have him/her remedy the matter. If not, you should retain counsel to handle the matter for you. You can use the Find a Lawyer tab on this site to locate attorneys in or around Los Angeles County to assist you.
Brian Russell MichaelsCriminal Defense AttorneyLos Angeles, CA ·
You are correct in that if the conviction was dismissed 1385 and someone filed a 1203.4 that makes little sense. 1203.4 divests the court of jurisdiction so you would need to show attorney error. A copy of the docket and plea forms would help an attorney sort this out. Advise hiring private counsel. Many of us offer free consults call around.
