Penal Code section 1203.43 was enacted to remedy misinformation regarding the actual consequences of a plea that was provided to defendants at the time of making a plea in deferred entry of judgment cases. The California Legislature determined that the “DEJ advisement” provided misinformation to noncitizen defendants regarding the immigration consequences that could result from the plea and, as a result, upon petition, these defendants can seek to invalidate the plea under Penal Code section 1203.43.
Examples of charges that may qualify for DEJ include: Health and Safety Code sections 11350, 11357, 11364, 11365, 11377, and 11550.
A defendant may file a petition pursuant to PC § 1203.43 in any case in which deferred entry of judgment (“DEJ”) was granted (on or after January 1, 1997) and the defendant performed satisfactorily during the DEJ period and the criminal charges were dismissed pursuant to Penal Code section 1000.3.
If the petition pursuant to Penal Code section 1203.43 is granted, the defendant is permitted to withdraw the plea or guilty or nolo contendere and enter a plea of not guilty. Then, the court must dismiss the complaint or information against the defendant and the prior plea is invalidated.
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