Trivia Quiz: How Well Do You Know About California Penal Code?

1.

To which of the following convictions does P.C. § 1203.4a apply?

A.

Felony conviction; sentenced to prison; no probation.
B.

Felony conviction; sentenced to probation in county jail.
C.

Misdemeanor conviction; sentenced to jail; summary probation.
D.

Misdemeanor conviction; sentenced to jail; no probation.
E.

Misdemeanor conviction; no incarceration; formal probation.

Correct Answer
D. Misdemeanor conviction; sentenced to jail; no probation.

Explanation
P.C. § 1203.4 applies to all convictions where probation was part of a sentence. P.C. § 1203.4a, on the other hand, applies only to (1) misdemeanors (2) without probation. P.C. § 1203.4a arguably has a higher standard than P.C. § 1203.4, because there is no discretionary relief under the section.

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2.

Which of the following convictions is not covered under P.C. §§ 1203.4, 1203.4a?

A.

Felony conviction; sentenced to prison; no probation.
B.

Felony conviction; sentenced to probation in county jail.
C.

Misdemeanor conviction; sentenced to jail; summary probation.
D.

Misdemeanor conviction; sentenced to jail; no probation.
E.

Misdemeanor conviction; no incarceration; formal probation.

Correct Answer
A. Felony conviction; sentenced to prison; no probation.

Explanation
Because P.C. § 1203.4 covers convictions with probation and P.C. § 1203.4a covers misdemeanors without probation, felony convictions without probation cannot be dismissed under either section. Because a sentence of a term in prison means that the defendant did not receive probation for her felony conviction, a prison sentence is a good sign that the conviction is not covered by either section.

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3.

Which of the following convictions is most likely eligible for MANDATORY application of the remedy in P.C. § 1203.4?

A.

Felony conviction; sentenced to probation in county jail; probation completed without an incident.
B.

Misdemeanor conviction; sentenced to jail; no probation.
C.

Misdemeanor conviction; formal probation; found in violation for failing a drug test.
D.

Misdemeanor conviction; no incarceration; summary probation; arrested before the end of probation.
E.

Felony conviction; sentenced to prison; early-released from parole.

Correct Answer
A. Felony conviction; sentenced to probation in county jail; probation completed without an incident.

Explanation
Only convictions with a sentence of a period of probation is eligible for P.C. § 1203.4. Of those, only those that resulted in successful or early completion of the probation are eligible for mandatory dismissal.

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4.

A petition under P.C. 1203.4 should be filed at the court of conviction, following procedures used by the ________ of conviction.

Correct Answer
county

Explanation
County of conviction is the county where the court of conviction is located. P.C. §§ 1203.4, 1203.4a petitions are implemented county-by-county.

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4

5.

Which of the following is the surest sign that P.C. § 17(b) cannot be applied to reduce a felony conviction to a misdemeanor one?

A.

The felony conviction was for a violent offense.
B.

The felony conviction was a wobbler.
C.

The felony conviction involved dishonesty and fraud.
D.

The felony conviction occurred in the last one year.
E.

The felony conviction resulted in a prison term.

Correct Answer
E. The felony conviction resulted in a prison term.

Explanation
By definition, a felony is a crime punishable by (1) death or (2) imprisonment in state prison. Many felonies are "wobblers," i.e. crimes that could have been punished either as a felony or as a misdemeanor. See P.C. § 17(b). P.C. § 17(b)(1) forecloses the application of this wobbler rule for convictions resulting in a sentence of imprisonment in state prison.

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6.

Who below is eligible for P.C. §§ 1203.4, 1203.4a remedies?

A.

Adam is currently on a summary probation for a misdemeanor conviction, and the probation is due to end tomorrow.
B.

Beth was recently released from her parole for a felony conviction but is still under police investigation for an unrelated crime.
C.

Carla is currently serving time in county jail for a misdemeanor conviction. She will not be released for another month.
D.

Danny is off probation and out of jail, but he still owes the court $1,000 in restitution fees.
E.

Evan completed his prison term in 2005 and was released from parole in 2007. He was indicted for a misdemeanor DUI yesterday.

Correct Answer
B. Beth was recently released from her parole for a felony conviction but is still under police investigation for an unrelated crime.

Explanation
To be eligible under P.C. §§ 1203.4, 1203.4a, the petitioner must have completed all terms of his sentence. That is, he must be off probation and parole, out of prison/jail, and have paid all fines ordered by the court.

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7.

For a conviction in the LAX (Airport) Court in Los Angeles County, which prosecuting attorney's office must be notified under P.C. § 1203.4? Check all that apply.

A.

If misdemeanor, the Los Angeles County District Attorney's Office.
B.

If felony, the Los Angeles County District Attorney's Office.
C.

If misdemeanor, the Los Angeles City Attorney's Office.
D.

If misdemeanor, the City of Hawthorne Prosecuting Attorney's Office.

Correct Answer(s)
B. If felony, the Los Angeles County District Attorney's Office.
D. If misdemeanor, the City of Hawthorne Prosecuting Attorney's Office.

Explanation
The rough rule of thumb is that you have to notify the City Attorney's office for misdemeanor convictions and the District Attorney's office for felony convictions. However, in Los Angeles County, the LA District Attorney's office prosecutes all felonies and misdemeanors with the exception of 10 cities that prosecute their own misdemeanors. The City of Hawthorne is one of them and prosecutes its cases in the LAX Court.

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