People v. McLernon

In People v. McLernon (2009) 174 Cal.App.4th 569, the Court of Appeal considered the trial court's discretionary authority to grant relief under section 1203.4, subdivision (a), which allows the grant of relief "in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section." The McLernon court found that the plain language of the statute showed the purpose "was to give trial courts the power to set aside a conviction after the termination of probation whenever the circumstances warranted it." (McLernon, supra, 174 Cal.App.4th at p. 576, fn. omitted.) The court also examined the legislative history of the amendment adding the discretionary authority to grant relief under section 1203.4: "The amendment was requested by the attorney for a defendant who, after a probation violation, completed his probation with no further violations, raised his child alone, and then went to college, worked without pay for the State Parole Board, and was trying to become a social worker. Although the trial court in his case expressed a desire to grant relief under section 1203.4, it concluded it could not do so because of the defendant's parole violation. The amendment to section 1203.4 was designed to give courts the ability to grant relief in these circumstances. Thus, in determining whether to grant relief under the discretionary provision, the trial court may consider any relevant information, including the defendant's postprobation conduct." (McLernon, supra, 174 Cal.App.4th a pp. 576-577.)