Effective January 1, 2016, every noncitizen who successfully completed Deferred Entry of Judgment after Jan. 1, 1997 for a minor drug offense should consider filing a request for withdrawal of Plea under new California Penal Code section 1203.43. If you don't make this request to the Court, your plea of guilty even after successful completion of diversion and dismissal of your case may be used to deport you or make you inadmissible.
Let me help you file this request to the Court. I CAN HELP YOU IN ANY COUNTY IN THE STATE OF CALIFORNIA. Even if the court record is purged, I can help you with new Penal Code section 1203.43. We would just need to get a California rap sheet which showed your arrest and submit a declaration to the court stating--if true--that you completed diversion.
Even if you were deported or denied immigration relief based on deferred entry of judgment after you successfully completed it, call me--I may be able to help by first filing for withdrawal of plea after DEJ and then filing a motion to reopen your case.
This law helps anyone who pleaded guilty and successfully completed DEJ for the following offenses: possession of a controlled substance, under the influence of a controlled substance, possession of paraphernalia, cultivation of marijuana for personal use, being in a place where controlled substances are used, obtaining narcotics by a forged prescription for personal use, solicitation for personal use of drugs, under the influence of drugs in a public place, transportation of marijuana in violation of V.C. 23222, or violation of B&P 4060. A dismissal after successful completion of DEJ for a plea prior to 7/15/2011 for first time simple possession or possession of paraphernalia, was sufficient to eliminate the plea for immigration purposes. If the plea was made on or after 7/15/2011 or the plea was to any offense other than first time simple possession or possession of paraphernalia, a noncitizen needs this new form of relief provided by Penal Code section 1203.43.
Phone me at (831) 425-5757. Tell my secretary you are interested in new Penal Code Section 1203.43.
I helped write the law. Now let me help you file for relief.
