PC 1203.3 Petitions (Modifying Probation Conditions)
A sentencing court has broad power to revoke or modify a term of probation at any time during the probationary period, which includes the power to extend the probationary term. This is not limited to cases where a probation violation has been committed. (People v. Guzman (2018) 23 Cal.App.5th 53, 59.)
Change in circumstance NC for modifying probation condition: a change in circumstances is required before a court has jurisdiction to extend or otherwise modify probation…an order modifying the terms of probation based upon the same facts as the original order granting probation is in excess of the jurisdiction of the court, for the reason that there is no factual basis to support it.
People v. Cookson (1991) 54 Cal.3d 1091
PC 1203.4 Petitions
In the case of these PC 1203.4 petitions, the courts may (1) grant these as a matter of right; (2) grant these in the interest of justice; or (3) deny these.
WHEN ARE THESE GRANTED AS A MATTER OF RIGHT?
Successfully completed probation or had probation terminated early for good behavior (as opposed to having probation terminated for a pv)
There does not technically need to have been a probation violation admitted for there to be a finding of non-compliance with probation. Failure to pay restitution as ordered as a term of probation à non-compliance with the terms of probation.
Is not currently serving a sentence on any case
Is not on probation for any case
Is not charged in any case
Conviction seeking to be expunged does not fall within an exception (See PC 1203.4(b))
WHEN MAY THESE BE GRANTED IN THE INTEREST OF JUSTICE AKA DISCRETIONARY RELIEF?
When the court finds that granting the motion would be in the interest of justice.
These motions/petitions are for individuals whose probationary period has ended, so if the individual is still on probation and asking for discretionary relief, D should file a PC 1203.3 (Motion for Early Termination of Probation) along with PC 1203.4 motion.
Court may consider any relevant information, including conduct post-probation
If the person is seeking to expunge a conviction for which he was not placed on probation or is seeking to expunge an infraction, please refer to PC 1203.4a.
PC 851.91
Allows a person who has suffered an arrest that did not result in a conviction to petition the court to have his or her records sealed.
PC 851.91(a) provides that an arrest did not result in a conviction if any of the following are true:
Prosecution did not file charges and the statute of limitations has expired for every offense upon which the arrest was based
Charges were filed and the defendant was acquitted of the charges
Charges were filed and dismissed and cannot be refiled
The conviction has been vacated or reversed on appeal and the charge may not be refile
PC 1203.4 and PC 851.91: A defendant who has had charges dismissed pursuant to PC 1203.4 is ineligible for relief under PC 851.91. (People v. E.B. (2020) 51 Cal.App.5th 47, 57-59.)
PC 1210.1 (Prop 36) and PC 851.91: D w/ charges dismissed based on successful performance on Prop 36 is ineligible for relief under PC 851.91. (People v. D.C. (2020) 54 Cal.App5th 727.)
Diversion: A defendant who successfully completes a diversion program pursuant to PC 1000.4 and 1001.9 is eligible to have their records sealed. The sealing statute is actually PC 851.92. When the Legislature created PC 851.91, they also amended the diversion statutes (PC 1000.4 and 1001.9) to allow the court to issue an order to seal the records pursuant to PC 851.92 upon successful completion of diversion. (People v. E.B. (2020) 51 Cal.App.5th 47.)