Automatic withdrawal of plea.

Existing law allows a defendant to petition to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty in any case in which he or she has fulfilled the conditions of probation and is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense. If granting relief, existing law requires the court to dismiss the accusation or information against the defendant and release him or her from all penalties and disabilities resulting from the offense, except as provided. Existing law requires a defendant who petitions for a change of plea or setting aside of a verdict to reimburse the court by paying a fee, as specified. These provisions apply to applications for relief filed on or after November 23, 1970. This bill would instead require the court to automatically withdraw the plea of guilty or nolo contendere and enter a plea of not guilty when the defendant has fulfilled the conditions of probation. The bill would make conforming changes, including deleting the authority to charge the fee for making a petition. The bill would apply these provisions to defendants who have completed probation on or after November 23, 1970. Existing law allows a defendant convicted of a misdemeanor and not granted probation, and a defendant convicted of an infraction, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime, and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, to petition to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty. If granting relief, existing law requires the court to dismiss the accusation against the defendant and release him or her from all penalties and disabilities resulting from the offense, except as provided. Existing law requires a defendant who petitions for a change of plea or setting aside of a verdict to reimburse the court by paying a fee, as specified. This bill would instead require the court to automatically withdraw the plea of guilty or nolo contendere and enter a plea of not guilty when the defendant has fulfilled the specified conditions. The bill would make conforming changes, including deleting the authority to charge the fee for making a petition.