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.
The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.