Section 1203.43 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
1203.43
. (a) (1) The Legislature finds and declares that the
statement in Section 1000.4, that "successful completion of a
deferred entry of judgment program 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" constitutes
misinformation about the actual consequences of making a plea in the
case of some defendants, including all noncitizen defendants, because
the disposition of the case may cause adverse consequences,
including adverse immigration consequences.
(2) Accordingly, the Legislature finds and declares that based on
this misinformation and the potential harm, the defendant's prior
plea is invalid.
(b) For the above-specified reason, in any case in which a
defendant was granted deferred entry of judgment on or after January
1, 1997, has performed satisfactorily during the period in which
deferred entry of judgment was granted, and for whom the criminal
charge or charges were dismissed pursuant to Section 1000.3, the
court shall, upon request of the defendant, permit the defendant to
withdraw the plea of guilty or nolo contendere and enter a plea of
not guilty, and the court shall dismiss the complaint or information
against the defendant. If court records showing the case resolution
are no longer available, the defendant's declaration, under penalty
of perjury, that the charges were dismissed after he or she completed
the requirements for deferred entry of judgment, shall be presumed
to be true if the defendant has submitted a copy of his or her state
summary criminal history information maintained by the Department of
Justice that either shows that the defendant successfully completed
the deferred entry of judgment program or that the record is
incomplete in that it does not show a final disposition. For purposes
of this section, a final disposition means that the state summary
criminal history information shows either a dismissal after
completion of the program or a sentence after termination of the
program.