Legal Question in Criminal Law in California
I have a criminal case that I got reduced to a misdemeanor and still owe restution can I possilbly get it expunged ?.
Asked on 6/19/14, 10:16 am
2 Answers from Attorneys
Joe Dane
Law Office of Joe Dane
Not likely. You must fulfill all obligations including restitution before they will terminate probation and dismiss.
You say expunge...
California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case off your record, but it adds a notation that the case was dismissed. That allows you to tell most employers that you have not been convicted of the crime, but it remains on your record and still counts as a prior conviction.
Answered on 6/19/14, 11:58 am
Terry A. Nelson
Nelson & Lawless
No. All terms of probation must first be completed.
Answered on 6/19/14, 8:06 pm
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