P. v. Michael U.
Penal Code section 1203.4 allows a defendant who has successfully completed probation to be relieved of his or her conviction and all disabilities associated with the conviction.[1] However, in 1997, section 1203.4 was amended with retroactive effect to exclude certain sex offenders from its provisions. Prior to the enactment of the amendment, Michael U.[2] pleaded guilty to a sex offense, was granted probation, and was told he would be required to register as a sex offender. Several years after completing his probation, he petitioned the court for relief under section 1203.4, and the court denied his motion.
On appeal, defendant argues he was promised section 1203.4 relief as part of his plea agreement, and accordingly as a matter of constitutional due process he is entitled to this relief. He recognizes there are no express terms in his plea agreement referencing section 1203.4 relief, but asserts the promise is implied based on the implicit incorporation of then-existing law into the agreement. For reasons we shall explain, we reject this contention. Defendant also argues that extrinsic evidence shows that a section 1203.4 promise was part of his plea agreement. On the record before us, we conclude he has not made this evidentiary showing.
Finally, defendant argues he is entitled to relief because prior to his acceptance of the plea, he was not advised that the sex offender registration requirement would last a lifetime. The contention fails because defendant has not shown it is reasonably probable he would have rejected the plea agreement had he been fully advised of the consequences of his plea.
We affirm the court's order.
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