What is the effect of having a criminal charge dismissed under section 1203.03.4 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Rosdahl, 2d Crim. No. B263043, 2d Crim. No. B263051 (Cal. App. 2016):

1. "The 'release[ ] from penalties and disabilities' provided in Penal Code section 1203.4 is sometimes referred to as 'expungement' of the conviction. . . . [H]owever, . . . Penal Code section 1203.4 does not, strictly speaking, 'expunge' the conviction, nor render the conviction 'a legal nullity.' [Citation.] For example, charges dismissed under Penal Code section 1203.4 may be treated as convictions for some purposes (e.g., impeachment with prior conviction in a future prosecution). However, the 'release[ ] from penalties and disabilities' is a palpable benefit, such that the conviction may be treated as if it were not a conviction for most purposes." (People v. Guillen (2013) 218 Cal.App.4th 975, 996.)

2. All further statutory references are to the Penal Code unless otherwise stated.

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