Existing law authorizes a court to allow a defendant sentenced to county jail for a felony to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty, after the lapse of one or 2 years following the defendant's completion of the sentence, provided that the defendant is not under supervision, and is not serving a sentence for, on probation for, or charged with the commission of any offense. Existing law requires the defendant to be released from all penalties and disabilities resulting from the offense of which the defendant was convicted, except as specified.
This bill would allow a defendant who successfully participated in the California Conservation Camp Program or a county inmate hand crew as an inmate hand crew member to petition to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty. The bill would require the court, if the defendant is eligible for relief, to dismiss the accusations or information against the defendant and would release the defendant from all penalties and disabilities resulting from the offense, except as provided. In granting this relief, the bill would require the court to order the early termination of probation, parole, or supervised release if the court determines that the defendant has not violated any of the terms or conditions of their release during the pendency of the petition.