Legal Question in Criminal Law in California

If I could pay I would I can't.Sorry I want to know if my son who is 20 on probation for 3 years for mestimeanors (spelling?) go back to court to ask that the remaining one year be dropped. He is parttime employed and going to full time college and has had no problems. Thank you


Asked on 12/09/09, 2:29 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Being on informal probation, as I suspect this is, would not prevent him going to school. Formal probation, where he has to report to PO and get approval of everything would be different. In that case, then he could file a motion in court, showing the substantial good cause why early termination is appropriate 'in the interests of justice'.. He would be well advised to hire experienced counsel to do so, correctly, as he only gets one shot at it.

If instead, you are asking about 'expungement', many convictions can sometimes be 'expunged' by proper application and Motion to the court, but only if it was not for certain sex and Domestic Violence crimes, if you completed and finished all terms of probation [or at least one year], and if you have 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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' or �strike� for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc.

If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 12/14/09, 4:10 pm


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