Legal Question in Criminal Law in California

Is it possible to appeal misdemeanor summary probation? I plead guilty to the crime, it is a two year probation of which I have successfully completed one year. Is there any way for my probation to be ended early? If so, who would I talk to about that?


Asked on 9/16/10, 6:57 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It's too late to appeal now.

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Answered on 9/22/10, 7:01 am
Terry A. Nelson Nelson & Lawless

No. There are no appeals when you plead guilty. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and probation terminated, and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 9/22/10, 10:02 am


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