Possibly, if the case fits California’s former drug deferred-entry-of-judgment program and the statute’s conditions are met. Penal Code section 1203.43 applies to a person granted deferred entry of judgment on or after January 1, 1997, who performed satisfactorily and had the charges dismissed under the former section 1000.3 process. On request, the court must allow withdrawal of the guilty or no-contest plea, entry of a not-guilty plea, and dismissal. This is a court request for that historical program; it does not guarantee an immigration result. (Penal Code § 1203.43.)
Confirm the historical case fits
Look for the original plea, the order granting deferred entry of judgment, the program’s completion record, and the order dismissing the charge. The former section 1000.3 dismissal condition is part of section 1203.43’s historical eligibility test. A case under today’s no-plea pretrial diversion procedure follows a different path and should not be treated as the old plea-based program. (Penal Code § 1203.43; § 1000; § 1000.4.)
If the old court file is missing
Section 1203.43 provides a specific proof route when court resolution records are no longer available. The declaration under penalty of perjury must state that the charges were dismissed after the person completed the deferred-entry requirements. It is presumed true if the person also submits a California Department of Justice summary criminal-history record showing successful completion, or a record that is incomplete because it lacks a final disposition. The statute defines a final disposition here as either dismissal after completion or a sentence after termination from the program. A bare statement that the courthouse cannot find a file is not enough. Obtain the relevant DOJ summary record and make sure the declaration addresses the required facts before filing. (Penal Code § 1203.43(b).)
State relief and immigration consequences are separate
A California order under section 1203.43 does not by itself guarantee a visa, status, admissibility, or termination of a removal case. Federal immigration law has its own definition of a conviction and its own rules; obtain advice about how the particular state record may be treated. (8 U.S.C. § 1101(a)(48)(A).)
After the court acts, obtain the signed order and updated docket. If the case involved current pretrial diversion rather than former deferred entry of judgment, or the plea was not followed by satisfactory completion and a qualifying dismissal, do not assume this statute applies. For a case-specific review, contact the Law Offices of David S. Chesley. Call (800) 755-5174, or see the California post-conviction relief page.