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California's expungement law permits someone convicted of a crime to file a Petition for Dismissal [9] with the court to re-open the case, set aside the plea, and dismiss the case. [10] In order for one to qualify for expungement, the petitioner must have completed probation, paid all fines and restitution, and not currently be charged with a ...
California has several post-conviction remedies that are sometimes called expungement. [11] For misdemeanor and felony crimes (not involving a sentence in state prison), a petition for expungement is filed in the court of conviction, seeking to have the conviction dismissed pursuant to Penal Code section 1203.4.
The superior court either holds oral argument or publishes a tentative ruling followed by hearing oral argument, and then files an order granting or denying the petition. Further appellate relief is pursued on direct appeal before the relevant Court of Appeal (rather than by another writ petition).
In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD.
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an ...
Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is an amendment to the state's constitution and certain penal code sections.
The 1688 Bill of Rights provides no such limitation to assembly. Under the common law, the right of an individual to petition implies the right of multiple individuals to assemble lawfully for that purpose. [11] England's implied right to assemble to petition was made an express right in the US First Amendment.
A Civil Harassment Restraining Order (CHO) is a form of restraining order or order of protection used in the state of California.It is a legal intervention in which a person who is deemed to be harassing, threatening or stalking another person is ordered to stop, with the goal of reducing risk of further threat or harm to the person being harassed.
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