Vacating and dismissing drug diversion convictions

If you previously completed a drug diversion program under California Penal Code Section 1000 and assumed your record was cleared—think again. Thousands of individuals, including non-citizens and even U.S. citizens, were wrongly advised that participation in a Deferred Entry of Judgment (DEJ) program would have no impact on their immigration status or criminal record. Unfortunately, that advice was incorrect.

To address this widespread issue, California enacted Penal Code Section 1203.43. This law was designed to correct the mistake and eliminate the serious consequences that have affected many lives.

Under Penal Code Section 1000, also known as Deferred Entry of Judgment, a person pleads guilty to a charge but is not immediately sentenced. Instead, the case is continued—typically for about a year—while the individual completes a court-approved drug treatment program.

What is Penal Code Section 1203.43?

Penal Code § 1203.43 allows individuals who completed a drug diversion program (like Penal Code 1000 or Deferred Entry of Judgment) to withdraw their guilty or no-contest plea if they entered the program based on mistaken legal advice that it would not carry immigration or criminal consequences. If granted, the court can vacate the plea, dismiss the case again, and seal the arrest record. This is a huge benefit for both non-citizens facing deportation and U.S. citizens who want a clean criminal record.

Why Was Penal Code Section 1203.43 Created?

Before 2016, it was common practice in Los Angeles and throughout California for attorneys, judges, and prosecutors to recommend DEJ (Deferred Entry of Judgment) programs to defendants charged with nonviolent drug offenses—especially to immigrants. The assumption was that because the case would later be dismissed, it wouldn't trigger immigration consequences.

However, under federal law (specifically the Immigration and Nationality Act Section 101(a)(48)(A)), entering a plea of guilty or no contest—even if the case is later dismissed—still counts as a conviction if the defendant is punished (e.g., through classes, community service, or fines). As a result, many immigrants were unknowingly setting themselves up for deportation, denial of visas, or green card rejections—even though they completed the program.

Who Benefits From Penal Code Section 1203.43?

Anyone who entered a DEJ program under Penal Code Section 1000 on or after January 1, 1997 and completed the program under PC Section 1000.3 may benefit, especially if:

• You are a non-citizen and are now facing immigration consequences.
• You are a U.S. citizen and want to clean your record for employment, licensing, or housing.
• You were misinformed by legal counsel and entered a plea in reliance on bad advice.
   

This law isn’t limited to immigrants. Even if you're a U.S. citizen, you may want to clean up your record to avoid barriers to jobs, background checks, or professional licenses.

How Does Penal Code § 1203.43 Work?

Here’s the general process:

1. File a motion in the court where the DEJ plea was entered.
2. The court reviews whether your plea was made under “misinformation” about its legal consequences.
3. If approved, the court:
    
   •    Withdraws the plea
   •    Vacates the judgment
   •    Dismisses the case (again)
   •    Orders the record sealed and destroyed
      

It’s a powerful remedy—stronger than an expungement—because it eliminates the plea entirely, rather than merely clearing the conviction.

What Charges Qualify?

Penal Code § 1203.43 typically applies to nonviolent drug possession offenses, including:

• HS § 11350 – Possession of a controlled substance
• HS § 11364 – Possession of drug paraphernalia
• HS § 11377 – Possession of methamphetamine
• HS § 11550 – Under the influence of a controlled substance
   

Note: The offense must have been originally handled through PC § 1000 deferred entry of judgment.

How Is This Different from Expungement?

While expungement under PC § 1203.4 clears your record in state court, immigration courts may still treat the case as a conviction. In contrast, PC § 1203.43 removes the plea itself, offering stronger protection—especially for non-citizens.

Also, expungement doesn’t seal or destroy the record, while a Penal Code Section 1203.43 motion can.

Real-World Example

A legal resident from Los Angeles was charged with cocaine possession in 2010. On the advice of a public defender, he entered a PC 1000 program and completed drug classes. His case was dismissed, but years later, he applied for U.S. citizenship—and was placed in removal proceedings due to that plea.

Under PC § 1203.43, he filed a motion to withdraw the plea, had the case dismissed again, and immigration authorities could no longer consider it a conviction.

Choosing The Right Attorney is Key

If you entered a DEJ drug diversion program and are now facing immigration issues, licensing barriers, or background check problems, you may qualify for relief under Penal Code Section 1203.43. At LA Criminal Defense Attorney, we help clients across Los Angeles vacate old pleas and clean their records. Our team understands how these laws affect real people—and how to fight for a second chance. Call us today for a confidential consultation at 213-481-681-6811.