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PC1000 Deferred Entry of Judgement/Traveling Abroad

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asdf

Member
hey guys,

i was granted penal code 1000 deferred entry of judgement for a felony possession of a controlled substance back in november 2006. the terms are that i have to complete a drug diversion program which i have done and i am currently awaiting a court date in 6/2008 to get the charges dismissed/expunged.

what i was wondering was if i am allowed to travel abroad before my court date (i'm pretty sure i can because it doesnt say anywhere in court papers that im not allowed to and i dont have a PO). i'm going on a study tour in Asia and i need to apply for a visa to stay a little over 30 days. will my application for a visa go through? there was a question on the form that asked if i have a criminal record, but as far as im concerned pc1000 means i have not been convicted of anything.

i know i wont have a problem getting out of the country but will they give me a hard time when i come back? I'm scared that they will hassle me when i go through the immigration checkpoint because i will be traveling with family and i really do not want this to happen. as far as im concerned my record is clean because under the terms of pc1000, the judgment is deferred to a later date. also will my application for a visa be approved?

any help would be appreciated thanks!
 
Last edited:


garrula lingua

Senior Member
You are under court supervision in lieu of the Probation Dept, due to budget constraints.

Normally, you would ask your PO for permission to leave the jurisdiction; most Judges don't care (calendars are too full) and just want you to comply with the DEJ requirements.

The DEJ shouldn't cause a problem entering or leaving the country.
Technically, there is a conviction, but it won't be entered & your case will be dismissed about 18 months after your plea was entered (as long as you stay squeaky clean).

Customs should not have your name on their don't fly list.

However, just in case something criminal happens to you while traveling, (which would ensure a drug conviction on the DEJ case) IMHO, you should go down to the court and ask the Judge's permission to travel abroad. Think of it as travel insurance on your DEJ case.
 

asdf

Member
hey thanks for the reply, i appreciate it

also what do you think about visas, do you think my application will be approved? i only ask because im attending a study tour which lasts roughly 35 days. and i just applied for a visa and one of the questions was "have you ever had a criminal record"
 
Last edited:

mateo1986

Junior Member
ANSWER TO "Can I travel abroad if I'm on PC100/DEJ?"

To every Californian who is wondering if they can legally leave the United States if they are PC1000/DEJ:

The answer to this question is very straight-forward: You may travel abroad/leave the USA if and only if:
1) You have appeared at all Court dates, and you have already "entered your 'guilty' plea(s) to be formally granted PC1000/DEJ by the presiding judge.
2) You have paid all Court fees
3) You have registered for, and successfully completed the Court mandated PC1000 class, which usually runs for 4 months, during which time you are subject to random drug testing

Even though the PC1000/DEJ process is 18 months start-to-finish, beginning on the date that you plead "guilty" to all charges and were formally assigned by the Court to PC1000/DEJ, and ending when you receive an official Court document in your mailbox, informing you that your "guilty" pleas have been vacated and all charges against you have been dismissed... THE ONLY TIME WHEN THE COURT/PROBATION DEPARTMENT CARES ABOUT YOUR WHEREABOUTS IS FROM THE MOMENT WHEN YOUR WERE ARRESTED UNTIL THE DAY YOU COMPLETE YOUR COURT MANDATED PC1000/DEJ CLASS. AFTER THAT, YOU MAY TRAVEL ABROAD. You do not need to worry about your passport being flagged or Interpol chasing you down. As long as you are a good boy/girl and do not get arrested in that 18th month period, you can consider yourself free to travel the world. Just be safe, keep your nose clean, and stay out of trouble. It really is not hard. PC1000/DEJ is a gift that you should never, ever take for granted.
 

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