Infractions: dismissal of charge.

Existing law provides that every defendant convicted of specified misdemeanors and not granted probation shall, under specified conditions, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty and the court shall dismiss the accusatory pleading against the defendant. Existing law also authorizes the court to set aside any guilty verdict after trial against the defendant, under those same conditions. In either case, existing law releases the defendant, except as specified, from all penalties and disabilities resulting from the offense of which he or she has been convicted. This bill would change an obsolete cross reference that determines which misdemeanors are exempt from dismissal and relief pursuant to these provisions. It would provide that defendants convicted of infractions, except specified motor vehicle related infractions, shall be permitted to seek dismissal of charges and release from all penalties and disabilities resulting from those offenses, as specified. The bill would also provide that a petition for dismissal of an infraction shall generally be by written declaration, and that the dismissal of an infraction shall not be granted unless the prosecuting attorney receives prior notice of the petition for dismissal, as specified.