The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Call: (951) 221-4744

  • Our Firm
  • Attorney Profile
  • Practice Areas
    • Real Estate Law
    • Construction Law Attorney
    • Experienced Foreclosure Attorney Serving Riverside Homeowners
    • Business Law
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Contract Disputes
    • Insurance
    • Loan Modifications
    • Personal Injury & Wrongful Death
    • Mechanic’s Lien
  • Case Handling
  • Clients
  • Blog
  • Contact

Big Difference For Real Estate Agent When Criminal Conviction Is Dismissed “In The Interests Of Justice” Under Penal Code Section 1385 Than When It’s Expunged Under Penal Code Section 1203.4.

January 24, 2014 by Leave a Comment

Real Estate Agent In January 2009, a licensed real estate agent pleaded no contest and was convicted of misdemeanor hit and run with property damage in violation of Vehicle Code section 20002(a). In April 2010, after negotiations with the district attorney, the court granted the real estate’s motion to set aside her no contest plea. The court also granted the people’s motion to amend the complaint to allege a violation of the basic speed law in violation of Vehicle Code section 22350, an infraction. The real estate agent pled guilty to the infraction, and the court dismissed her hit and run conviction nunc pro tunc to her January 2009 plea, “in the interests of justice.” An administrative law judge ordered the real estate agent’s license revoked. The real estate agent brought a writ for administrative mandamus in superior court. The trial court said section Business and Professions Code section 10177 authorized the California Bureau of Real Estate to revoke the license of a real estate salesperson convicted of a crime. However, the court held the order was not to expunge the real estate agent’s conviction pursuant to Penal Code section 1203.4, but was an order to dismiss “in the interests of justice” under Penal Code section 1385. Accordingly, the trial court ordered the Bureau to set aside its decision revoking the agent’s real estate license. The appellate court affirmed, stating, “[W]e hold that section 10177 does not authorize the license revocation in this case because that section does not allow discipline when there has been a dismissal unless the dismissal is pursuant to Penal Code section 1203.4, i.e., an expungement. Here, the dismissal was not pursuant to Penal Code section 1203.4, and there is no other evidence supporting the Bureau’s revocation of [the real estate agent’s] real estate license.” (Ryan-Lanigan v. Bureau of Real Estate (Cal.App. Third Dist.; December 13, 2013) 222 Cal.App.4th 72.)

Filed Under: Administrative Law News, Appellate Law News, Employment Law News, Legal News, Procedural Law News, Real Estate Law News, Vehicle Code Law News

Leave a Reply Cancel reply

You must be logged in to post a comment.

Call Us: 951-222-2100

Consultations available in-office or over
the phone. Speak to one of our leading attorneys in California today.

Recent News

What Is a Deed of Trust in California Real Estate?

September 21, 2026 By Mark Mellor

Quick answer: A deed of trust is a legal document used in California to secure a monetary loan with real property itself. It involves three parties: the borrower (trustor), the lender (beneficiary), and a neutral third party (trustee) who holds legal title until the loan is fully … Read More...

How to Dissolve an LLC in California

September 14, 2026 By Mark Mellor

Quick Answer: To dissolve an LLC in California, review your operating agreement, hold a member vote, wind up business affairs, and distribute remaining assets. Then file a Certificate of Dissolution and Certificate of Cancellation with the Secretary of State, submit your final … Read More...

What Happens If You Hire an Unlicensed Contractor in California?

September 11, 2026 By Mark Mellor

Quick answer: Hiring an unlicensed contractor in California can leave you without legal protections, financially exposed, and personally liable for injuries on your property. California law gives homeowners significant leverage against unlicensed contractors, including the right … Read More...

Follow Mellor Law Firm

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Our Areas of Practice

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Navigate

  • Home
  • Our Firm
  • Mark Mellor
  • Practice Areas
  • Case Handling
  • Clients
  • Resources
  • Contact
  • Blog
  • Privacy Policy

Practice Areas

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • What Is a Deed of Trust in California Real Estate?
  • How to Dissolve an LLC in California
  • What Happens If You Hire an Unlicensed Contractor in California?
  • How to Find Hidden Liens in a California Preliminary Title Report

Follow Us

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Contact our offices

The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

The Mellor Law Firm, APLC © 2026. All Rights Reserved.