On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record?

California, United States of America


The following excerpt is from People v. Sumstine, 206 Cal.Rptr. 707, 36 Cal.3d 909, 687 P.2d 904 (Cal. 1984):

On the other hand, motions to strike do not vacate the underlying conviction: "The striking of an allegation of a prior conviction from the complaint in a pending criminal proceeding is not the equivalent of a determination [36 Cal.3d 921] that the defendant did not, in fact, suffer the conviction [citation].... [T]he defendant must continue to fulfill the conditions of the sentence imposed upon him as a result of the prior conviction unless he successfully moves to vacate or set aside the judgment in the original action ...." (Gonzalez v. Municipal Court

Page 715

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