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
2 Answers from Attorneys
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
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.