Legal Question in Criminal Law in California

You need to speak with a lawyer to file a 1203.3 motion to terminate probation and a 1203.4 motion to expunge your record. The judge may terminate probation if he/she finds it "in the interest of justice." What is "justice" will depend on the judge. Your age, education, prior record, record since this conviction, and the facts of your conviction are the kinds of things the judge will consider when deciding whether to grant your motion.

Early probation termination is frequently a part of expungement. The general rules are:

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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 licensing 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.