If you have successfully completed probation or have been discharged from probation early, it is possible to petition the court to set aside a guilty verdict or permit withdrawal of a no contest plea and dismiss the case. If no probation was ordered, there may be a one-year waiting period prior to requesting that your case be expunged. Not all cases may be expunged and certain exceptions apply. If you are interested in having your conviction expunged and would like to find out more information about how an expungement could help you, call criminal defense attorney Thomas Greenberg for a free consultation.
Penal Code 1203.4 – Expungement
Probation Modification and Early Termination of Probation
A court has the power to modify probation conditions at any time before the term of probation ends. Probation modifications are usually available to those who have remained crime free and followed all of the original probation orders made by the court. The court may also allow probation modifications even in situations where the probation department will not agree. In some cases, probation officers have created unreasonable and unnecessary or unrealistic requirements, such as where a person can live, with whom they can associate, or where they can work. Probation officers have been given an enormous amount of power and responsibility and are often unwilling to listen to reasonable requests.
Termination of Probation
In many cases, when a defendant in a criminal case has already served a year or more on probation, it may be possible to terminate probation early. Usually, you will need to show that you have served at least half the term of probation, had no negative contact with law enforcement, and complied with all requirements of probation (attending classes, paying fines and fees, etc.). Judges often also require you to show that being on probation is preventing you from pursuing professional opportunities or personal growth. If your motion for early termination of probation is granted, you are immediately eligible to petition the court to dismiss your conviction, as long as you meet the requirements.
If you are interested in having your probation modified or terminated, criminal defense attorney Thomas Greenberg can help. Call (650) 242-0021 now to set up your free consultation.
From our blog:
What do you say if you are applying for a job and the application asks about old convictions, and you have a ten year-old conviction for DUI? Not telling the truth can have serious consequences down the road. Read more about your rights