Legal Question in Criminal Law in California

Early release from probation - generally succesful?

Hello,

I was convicted in November 2002 for misdemeanor reckless driving VC 23103 (plea bargain down from DUI). This is my only conviction ever, for which I got a fine and 3 years informal probation.

It's been about 18 months and I'm now job hunting. This is the only smirch on an otherwise great background, and I'd like to get rid of it via expungement - but I can only do that after end of probation in 11/2005.

My understanding is that an early release for probation can be filed (PC 1203.3)- my question is, is this motion generally successful for circumstances like job searches??

thank you.


Asked on 5/17/04, 4:33 pm

3 Answers from Attorneys
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Early release from probation - generally succesful?

I don't know about generally, especially given the seriousness with which the courts view reckless driving/DUI, but why not give it a shot? Don't rely solely on looking for a job, however, but rather your otherwise good citizenship, and any steps you have taken to address the underlying problem, e.g., substance abuse classes, regular attendance at AA meetings, etc. Also, if you were given community service/CalTrans as part of yur summary probabtion, do have completed your obligation.

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Answered on 5/17/04, 4:49 pm
robert nudelman criminal defense associates

Re: Early release from probation - generally succesful?

Thank you for your email. It may be possible for you to file a motion for early termination of your probation, and then expunge your conviction. If you have any questions regarding this process, please call Michael Bialys of our office at (800) 313-9619

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Answered on 5/17/04, 5:13 pm
Terry A. Nelson Nelson & Lawless

Re: Early release from probation - generally succesful?

Early termination is possible, not guaranteed. The better the 'story' the more likely. Contact me if interested in doing so. If successful, then the expungement could be done promptly, and it is likely to be granted.

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Answered on 5/17/04, 6:08 pm


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