Legal Question in Criminal Law in California

probation

i am on probation for dv. more than half done. what are the chances to expunge it? how long does it take? how much it costs? bob


Asked on 8/12/04, 6:43 pm

2 Answers from Attorneys

Catherine Lombardo The Law Office of Catherino Lombardo

Re: probation

Hello Bob. I see that another lawyer has already given you some information, so I will not repeat it.

My simple answer is that if there have been no other violations, you can go into court half way through your probationary period and request a dismissal. The decision rests with the judge. The cost depends on the county; there is a filing fee that is approximately $60 - 120. Hiring a lawyer to do it for you is advised, but you CAN do it by yourself if you know how to do it. A lawyer will charge you about $1,500. Catherine Lombardo (909)482-0384

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Answered on 8/13/04, 2:39 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: probation

Thank you for your posting.

You are not eligible for an expungement until you complete probation. You can, however, bring a motion before the court to terminate probation, which is allowed under Penal Code �1203.3. After probation is terminated, you can then apply for an expungement.

A motion to terminate probation is subject to the same court and local rules as any other criminal motion, which depend to a certain extent on which court your case is heard from.

Attorneys fees vary, but if you contact most individually they will usually be able to quote you a fee directly with additional information.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

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Answered on 8/12/04, 7:54 pm


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