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Name: People v. Bradus
Case #: D047774
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/23/2007

Relief pursuant to Penal Code section 1203.4 is available regardless whether the applicant has paid ordered attorney fees or probation costs. Penal Code section 1203.4 provides that if a probationer has successfully fulfilled probation conditions for the entire time of probation, she may petition the court and is entitled to relief from the penalties and disabilities of the conviction and the court has no discretion to deny relief to a qualified applicant. (See subdivision (c) which states that payment of costs is not a prerequisite to relief under the statute.) A court may order payment of attorney fees and costs, but it cannot legally impose the order as a condition of probation. (People v. Flores (2003) 30 Cal.4th 1059, 1067.) Here, the trial court refused to grant relief under section 1203.4 because Bradus had not paid attorney fees and costs. The appellate court found that the trial court erred as a matter of law because payment of the fees and costs were not conditions of probation and the record otherwise reflected satisfactory compliance.