California, United States of America
The following excerpt is from People v. Chavez, 231 Cal.Rptr.3d 634, 4 Cal.5th 771, 415 P.3d 707 (Cal. 2018):
of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to" enjoy the benefits enumerated therein]; People v. Butler (1980) 105 Cal.App.3d 585, 587, 164 Cal.Rptr. 475 [" Section 1203.4 allows any convicted felon or misdemeanant who has been granted probation to petition to have his record expunged, after the period of probation has terminated."];
[4 Cal.5th 789]
People v. Field (1995) 31 Cal.App.4th 1778, 17861787, 37 Cal.Rptr.2d 803 [same].) On the facts before us, where a defendant completed probation four years before inviting the trial court to dismiss under section 1385, sections 1203.4 and 1385 are not inconsistent. The jurisdictional bounds of section 1385 are exceeded, and the provision does not apply. The issue of whether section 1203.4 controls to the exclusion of section 1385 simply does not come into play.
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