Does the exclusion from section 4852.01 of the California Criminal Code apply to an individual who has been convicted of a sexual assault?

California, United States of America

The following excerpt is from People v. Tejada, 2d Crim. No. B271963 (Cal. App. 2017):

Appellant contends that the exclusion does not apply because his conviction was dismissed pursuant to section 1203.4. The argument is premised on the theory that a section 1203.4 dismissal renders the conviction a nullity, as if it never existed. But that is not the law. "[S]ection 1203.4 does not, strictly speaking, 'expunge' the conviction, []or render the conviction 'a legal nullity.' [Citation.]" (People v. Guillen (2013) 218

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Cal.App.4th 975, 996.) Sections 4852.01 and 1203.4 serve significantly different purposes, the former providing for certificates of rehabilitation, while the latter affects criminal penalties and disability. (People v. Mgebrov (2008) 166 Cal.App.4th 579, 594.)

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Does the exclusion from section 4852.01 of the California Criminal Code apply to an individual who has been convicted of a sexual assault?

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