California v. Mazumder
Annotate this CaseDefendant Devashish Mazumder was charged with two assaultive felony sex offenses. As part of a negotiated plea, the State dismissed the two felony counts and Mazumder pleaded guilty to one count of misdemeanor simple battery. After Mazumder successfully completed a period of informal probation, the superior court dismissed the action. Mazumder then filed a petition for a finding of factual innocence and the sealing and destruction of his arrest records. The trial court denied Mazumder’s petition for a finding of factual innocence without conducting an evidentiary hearing because Mazumder pleaded guilty to a misdemeanor battery. Mazumder appealed. The Court of Appeal concluded a defendant who pleads guilty was statutorily precluded from a finding of factual innocence because a “conviction has occurred” in the defendant’s “case” as a result of the guilty plea. Further, as a matter of first impression, the Court held a dismissal after a defendant successfully completes probation does not expunge the defendant’s conviction with regard to a defendant’s filing a petition for a finding of factual innocence.
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