Legal Question in Criminal Law in California

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I was convicted of a battery nearly a year ago. I was assigned a 3 year summary probation, 10 days house arrest, and some fees. I have completed all except my probation. I still have 2 years left. I was offered the best career oportunity of a lifetime. I didnt recieve the job because of my background. What can i do about this? Background Expungement? Terminate probation?


Asked on 1/04/08, 3:44 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Terminating probation doesn't change your conviction record. If it was a conviction for domestic violence, it probably can't be expunged. If a simple misdemeanor battery, you can probably expunge the conviction at the end of your probation. You could try to expunge the conviction now through a petition to the court, hoping for 'compassion and sympathy'. Feel free to contact me for the legal help you'll need.

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Answered on 1/04/08, 4:19 pm
Steven Mandell Law Offices of Steven R. Mandell

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It may be possible to terminate your probation early (in less than the full 3 years). Then you would be in a position to expunge your conviction. You can't expunge the conviction, however, until the probation has terminated.

I've read Mr. Miller's reply and I think he's confused about the ability to expunge a domestic violence case. I know of no barrier to expungement for DV cases, so your battery conviction shouldn't pose a problem.

If I can be of further assistance, please don't hesitate to contact me. Good luck. Steve Mandell

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Answered on 1/04/08, 4:35 pm
Jim Herbe Black & Lobello

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Thank you for your inquiry. If your conviction took place within the State of Nevada you may not petition for an expungment of a battery conviction until 7 years after conviction.

If you are attempting to move out of state and your probation prohibits such a move you are able to petition the court for a termination of said restrictions.

If you would like further assistance please feel free to contact my office.

Regards,

Jim Herbe

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Answered on 1/04/08, 4:57 pm


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