People v. Butler

[587]

Opinion

THE COURT.

*

Thomas John Butler appeals an order denying his petition for expungement of his conviction after he completed his period of probation (Pen. Code, § 1203.4).

1

He contends the judge was required to grant his petition, abused his discretion in denying it, and erred in failing to give reasons for the denial.

Section 1203.4 allows any convicted felon or misdemeanant who has been granted probation to petition to have his record expunged, after the period of probation has terminated. If the relief is granted, the probationer is relieved from some of the disabilities and penalties associated with being convicted.

With exceptions not applicable here, petitioner is entitled to relief if he comes within any one of three fact situations: (a) he has fulfilled the conditions of his probation for the entire period; (b) he has been discharged before the termination of the period of probation; or (c) in any case in which a court, in its discretion and the interests of justice, determines he should be granted relief (§ 1203.4, subd. (a)). If the petitioner comes within either of the first two fact situations, the court is required to grant the requested relief

(People

v.

Johnson

(1955) 134 Cal.App.2d 140, 144 [285 P.2d 74]). A grant of relief in the third situation is clearly discretionary.

Butler does not contend he fulfilled all the conditions of his probation. One of the conditions required him to pay $2,500 in restitution to the victim of his grand theft within four years. Within that four-year period he paid only $530.

Rather, he contends he is entitled to relief for having been discharged from his probation early. Near the end of Butler’s original five-year period of probation, the court modified his probation by extending it for another six months to April 24, 1979, and added a new condition: Butler was to be medically examined to confirm he had become totally disabled in an automobile accident. The judge received the medical reports confirming Butler was totally disabled, and terminated probation on January 15, 1979, more than three months before the end of the extended period.