PENAL CODE SECTION 1203.43
The California legislature recently enacted Penal Code section 1203.43. Penal
Code section 1203.43 allows a person whose case was dismissed after completing drug
treatment pursuant to Penal Code section 1203.43 to have a judge rule that the conviction
was invalid and dismiss the case on that basis. Penal Code section 1203.43 is intended to
remove any immigration consequences from the conviction. However, you need to have
the court dismiss the case under Penal Code section 1203.43 in order to avoid
immigration consequences. Specifically, the fact that the court already dismissed the
case on other grounds will not get rid of the conviction for immigration purposes.
Additionally, prior to you or anyone else completing deferred entry of judgment, the
offense carries the same immigration consequences as a conviction of the drug offense on
which it is based.
If you have completed deferred entry of judgment in Fresno County, the case was
dismissed as a result, and you are not a citizen of the United States, it is strongly
recommended that you move the court to have the conviction set aside under Penal Code
section 1203.43.
1. Please fill out the attached forms.
2. Make three copies.
3. Have a friend serve the District Attorney personally by delivering a copy of
the motion and the proposed order (these are one document) on the District
Attorney at their office, as indicated on the proof of service. You cannot serve
the motion and proposed order yourself; you must have someone else do it for
there to be legally valid service. You may go with your friend while he or she
personally serves the District Attorney office. You do not need to serve the
proof of service itself on the District Attorney. Although the proof of service
form allows an option for serving the District Attorney by mail, it is
recommended that you have a friend personally serve the motion and
proposed order instead. Otherwise, there is a risk that the court won’t grant
your motion because it believes the District Attorney may not have been
served.
4. Have the receptionist at the District Attorney’s Office sign your proof of
service.
5. Make one copy of the proof of service. You might want to use the copy
machine on the 6th floor of the courthouse.
6. Go to the Criminal Department on the fourth floor of the main courthouse.
7. Provide the original signed motion and proposed order (these are one
document) and the original proof of service to the clerk. The clerk will keep
these documents.
8. Have the clerk stamp two copies of the motion and proposed order. The clerk
should return these stamped copies to you. Attach your copy of the proof of
service to one of the copies.
9. Wait for the court to grant your motion. It may take a few months.
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_______________________________ , in Pro Per
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_____________________________________
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_____________________________________
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_____________________________________
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_____________________________________
Name
Address
Address
Address
Address
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Petitioner
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ____________________________
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PEOPLE OF THE STATE OF CALIFORNIA,
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v.
Case No. __________________
MOTION TO WITHDRAW GUILTY
OR NOLO CONTENDERE PLEA,
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________________________,
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ENTER NOT GUILTY PLEA,
AND DISMISS THE COMPLAINT OR
Defendant.
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INFORMATION PURSUANT TO
PENAL CODE SECTION 1203.43
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TO: HONORABLE JUDGE_________________ OF THE SUPERIOR COURT:
Name of judge, if known
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I, ___________________________________, pled guilty or nolo contendere, and
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was granted deferred entry of judgment pursuant to Penal Code section 1000 et seq., for a violation
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of Section(s):
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☐ Health and Safety Code §__________
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__________________________ Code § __________
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Penal Code section 1203.43 states “that the statement in Section 1000.4, that ‘successful
2 completion of a deferred entry of judgment program shall not, without the defendant's consent, be
3 used in any way that could result in the denial of any employment, benefit, license, or certificate’
4 constitutes misinformation about the actual consequences of making a plea in the case of some
5 defendants, including all noncitizen defendants, because the disposition of the case may cause
6 adverse consequences, including adverse immigration consequences… [B]ased on this
7 misinformation and the potential harm, the defendant’s prior plea is rendered invalid.” (Pen. Code §
8 1203.43, subd. (a).)
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Penal Code Section 1203.43 further provides that “[f]or the above-specified reason, in any
10 case in which a defendant was granted deferred entry of judgment on or after January 1, 1997, has
11 performed satisfactorily during the period in which deferred entry of judgment was granted, and for
12 whom the criminal charge or charges were dismissed pursuant to Section 1000.3, the court shall,
13 upon request of the defendant, permit the defendant to withdraw the plea of guilty or nolo
14 contendere and enter a plea of not guilty, and the court shall dismiss the complaint or information
15 against the defendant. If court records showing the case resolution are no longer available, the
16 defendant's declaration, under penalty of perjury, that the charges were dismissed after he or she
17 completed the requirements for deferred entry of judgment, shall be presumed to be true if the
18 defendant has submitted a copy of his or her state summary criminal history information maintained
19 by the Department of Justice that either shows that the defendant successfully completed the
20 deferred entry of judgment program or that the record is incomplete in that it does not show a final
21 disposition. For purposes of this section, a final disposition means that the state summary criminal
22 history information shows either a dismissal after completion of the program or a sentence after
23 termination of the program.” (Pen. Code § 1203.43, subd. (b).)
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MOTION TO WITHDRAW GUILTY OR NOLO CONTENDERE PLEA, ENTER NOT GUILTY
PLEA AND DISMISS THE COMPLAINT OR INFORMATION
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Case No.___________________
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During the period in which deferred entry of judgment was granted, defendant performed
2 satisfactorily and the criminal charges or charges were dismissed pursuant to Penal Code section
3 1000.3.
Therefore, pursuant to newly enacted Penal Code section 1203.43, effective January 1,
4 2016, the defendant respectfully requests permission to withdraw the plea of guilty or nolo
5 contendere, enter a plea of not guilty, and also requests that this court dismiss the complaint or
6 information.
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Dated:____________________
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By: __________________________
Defendant & Petitioner
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MOTION TO WITHDRAW GUILTY OR NOLO CONTENDERE PLEA, ENTER NOT GUILTY
PLEA AND DISMISS THE COMPLAINT OR INFORMATION
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Case No.___________________
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ORDER
2 Pursuant to Penal Code section 1203.43, the court hereby permits the defendant to withdraw his or
3 her plea of guilty or nolo contendere, enter a plea of not guilty, and dismisses the complaint or
4 information against the defendant.
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Dated this_____ day of_______________, 201 .
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_________________________________
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(Seal of Court)
Judge of the _________________ Co. Superior Court
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MOTION TO WITHDRAW GUILTY OR NOLO CONTENDERE PLEA, ENTER NOT GUILTY
PLEA AND DISMISS THE COMPLAINT OR INFORMATION
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Case No.___________________
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"
FOR COURT USE ONl Y
SUPERIOR COURT OF CALIFORNIA• COUNTY OF FRESNO
Firebaugh
0 Fowler
0 Coalinga
0 Clovis
Fresno
X0
121 E. Merced Sl
1325 "O" St
1130 W. Elm SL
1011 Fitth SL
i 100 Van Neu
Firebaugh CA
Fowt« CA 93625
Caalfnca CA
Clo..,it CA 93812
\ve.
0
c:rno
CA 93724
Kerman
0
Kingsburg
719 S. Madena Ave. 1600 C'alifo1nla St.
Kerman CA 9:3530 Kingsburg CA
cr10Reedley
93622
0
Sanger
611 •N' Sl
815 ·a• SL
Reedley CA 93654 Sanglf CA 93657
0
Selma
2117 Selma SL
Selma CA 93622
93831
PEOPLE OF THE STATE OF CALIFORNIA
vs.
OEFENOANT /APPELLANT:
CASE NUMBER:
DECLARATION OF SERVICE
DIRECT IONS:
A copy of this document must b• mailed to the district attorney/city attorney at the address
listed b1law. YOU MAY NOT PERFORM THE MAILING YOURSELF. You must have a party who
I• at Inst 11 years old complete th• information below and mall th• documenJ by first class
mall, postage prepaid, or personally delivered. The orlglnal must be filed with the court.
declares as follows:
(Type Name DI O.clanntJ
1 am over the age of eighteen (18) years and not a party to this action. I am a resident of or employed in the county in
which the mailing described below took place.
D
My
D
Business
1.
0
MAIL DELIVERY
Residence
address is
, I served a copy of this
On
~------~--~----------------------------~----~-
Penal Code section 1203.43 motion
by depositing a
, enclosed in a sealed envelope with
copy of it in the United Slates mail at
(City OI' Po~tal ArH}
postage thereon fully prepaid, and the envelope addressed as shown below:
District Attorney, 2220 Tulare St., Suite 1000, Fresno, CA 93721
2.
0
PERSONAL DELIVERY (Personal service is recommended. Please have receptionist at DA office sign proof of receipt.)
Receipt of copy of
Penal Code section 1203.43 motion
acknowf edged.
Dated:
Signature:
Type or Print Name:
1declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct..
Executed on - - - - - - - - - - - -
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at
, California.