Legal Question in Criminal Law in California

Im filing a motion to terminate probation early, I was convicted of two felonies, burglary (commercial) and id theft that ran concurrent, and given 3 years probation.I have 4 months left of probation, have paid all fines,and have no prior convictions.

I want to attend nursing school, what are the chances the judge will grant me early termination?


Asked on 8/20/11, 1:44 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The judge might possibly grant early termination, you will get one shot at it, use a lawyer or wait 4 months. I would abandon your plans to become a nurse. Your career from now until age 65 will probably involve asking if the customer wants French fries with his order.

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Answered on 8/20/11, 4:31 pm
Terry A. Nelson Nelson & Lawless

Properly done, good chance. More to the point, you should be pursuing getting the conviction expunged; which would help in obtaining and keeping employment. A conviction can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced, whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on applications for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. You could contact the licensing agency to discuss whether expungement would allow you to be licensed. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 8/20/11, 7:40 pm


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