Legal Question in Criminal Law in California

do i have to do the whole three years on prop 36 to get the charge off my record


Asked on 8/07/12, 2:00 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You have to do whatever the court ordered you to do. Read your sentencing report. IF you have completed everything except the informal probation portion of sentencing, then you may be able to get expungement.

Some CA convictions 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 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If successful, the conviction would be withdrawn and the charges dismissed.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', �erase� or �disappear� the conviction, but does change the record to show an arrest with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense.

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 8/07/12, 2:47 pm
Anthony Roach Law Office of Anthony A. Roach

Yes, but I don't remember prop 36 being 3 years.

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Answered on 8/07/12, 11:32 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I was thinking the same thing ...I've never encountered any 3-year long program. Maybe it was 3 years probation with a condition of completing Prop 36? So if the question is do you have to remain in some type of treatment program during the entire probationary period the answer is no. You just need to complete whatever program and other conditions the court ordered. Good luck!

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Answered on 8/08/12, 1:48 pm


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