Sentence Modification – FAQs

1.    How, exactly, can I get my conviction expunged once I’ve been discharged from my probation?

A dismissal of your conviction is not automatic once you’ve successfully completed probation or have been discharged early. You must petition the court for a certificate of rehabilitation, pardon, or dismissal. See California Penal Code Section 1203.4. A criminal defense attorney can help you prepare the petition and ensure the best possible results.

2.     Can the defendant’s illness cause the court to recall its initial sentence?

Yes. Under California Penal Code Section 1170(e), the court can recall its sentence if the defendant is terminally ill with an incurable condition that would result in death within six months or if the defendant is permanently and medically incapacitated. As long as there is no threat to public safety, the court will have the discretion to recall the sentence.

3.    What happens if I violate the terms of my probation?

If there is cause to believe that you have violated the terms of your probation, your probation officer may re-arrest you or the court may use its discretion to issue a warrant for your arrest. Once you are brought before the court, the judge may choose from all the initially available sentencing options. However, the court also has the discretion allow you to continue probation on the same or modified terms.