Section 1001.96 Of Chapter 2.96. Deferral Of Sentencing Pilot Program From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.96.
1001.96
. (a) If the defendant, during the period of deferral
imposed pursuant to subdivision (a) of Section 1001.94, complies with
all terms, conditions, and programs required by the court, then, the
judge shall, at the end of the period, strike the defendant's plea
and dismiss the action against the defendant.
(b) Upon successful completion of the terms, conditions, or
programs ordered by the court, the arrest upon which sentencing was
deferred shall be deemed to have never occurred. The defendant may
indicate in response to any question concerning his or her prior
criminal record that he or she was not arrested or granted deferred
entry of judgment for the offense, except as specified in subdivision
(c). A record pertaining to an arrest resulting in successful
completion of the terms, conditions, or programs ordered by the court
shall not, without the defendant's consent, be used in any way that
could result in the denial of any employment, benefit, license, or
certificate.
(c) The defendant shall be advised that, regardless of his or her
successful completion of the terms, conditions, or programs ordered
by the court pursuant to this chapter, the arrest upon which the
judgment was deferred may be disclosed by the Department of Justice
in response to a peace officer application request and that,
notwithstanding Section 1001.94, this section does not relieve him or
her of the obligation to disclose the arrest in response to a direct
question contained in a questionnaire or application for a position
as a peace officer, as defined in Section 830.