![]() ![]() Superior Court (Howard), supra, 69 Cal.2d at p. Superior Court ( Romero), supra, 13 Cal.4th 497 People v. Superior Court (Howard) (1968) 69 Cal.2d 491, 502-503.) Therefore, the court may order dismissal over the prosecutor’s objection. Dismissal in the furtherance of justice is a matter within the court’s exclusive and broad discretion. Superior Court (Romero) (1996) 13 Cal.4th 497, held that trial courts may dismiss “strike” priors in furtherance of justice under Penal Code § 1385. ![]() “The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney and in furtherance of justice, order an action to be dismissed.” (Penal Code section 1385(a).) Specifically, the California Supreme Court in People v. The application guidelines of this statute are as follows. ![]() This law is relatively complex to apply to individual’s particular background so it helps to hire an attorney who is familiar with how the courts apply this law. The Section of the Penal Code that makes it possible to get a prior conviction stricken from the record is Section 1385 of the Penal Code. Once stricken from the record even a very thorough background check will not include prior stricken convictions. Most background checks search for convictions. The petition asks the judge to exercise his/her authority to strike prior convictions on an individual’s record which makes it impossible for anyone to see the prior arrest record.įor many people, the advantage is that the prior conviction does not show up in background checks. Is there any way to get his maximum sentence down to the 3 years? You betcha!Ī person with a past criminal record may have a prior conviction stricken from the record in the interests of justice under Penal Code Section 1385. But because of a 20-year-old, unrelated strike conviction, he is now facing a maximum penalty of 6 years instead of 3. Ordinarily, this felony carries a maximum sentence of 3 years in prison. Your loved one is accused of committing a felony. ![]()
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