Early Termination of Probation and Expungement (California Penal Code Sections 1203.3 and 1203.4)
There are many reasons you would want to have your probation terminated early or your criminal record expunged, including employment, career advancement, privacy, and travel. California law provides circumstances under which a person convicted of a felony or misdemeanor could be released from probation early and have the criminal conviction set aside.
After you have been granted early termination of probation and you have expunged the offense from your criminal record, you can legally say that you do not have a criminal record. In addition, prospective employers cannot ask you about the offense, nor can it be considered when determining your employment or job advancement.
Early Termination of Probation (California Penal Code Section 1203.3)
If you are on probation and want to have your criminal record expunged, the first step is early termination of your probation. This means that the earlier your probation ends, the faster you can have your record cleaned.
Under California Penal Code Section 1203.3, those who are candidates for early termination of probation may have their criminal defense attorney file a motion with the court requesting approval. The law says that early termination can be approved at any point during probation. However, California judges generally will not grant early termination before you have served at least 50 percent of your probationary term.
Some of the things that the court will be looking at when considering whether to grant your request for early termination of probation include:
- Successful completion of court-ordered counseling or courses
- Payment of fines and any restitution, and
- Completion of any community service requirements.
Before making a decision, the court will also consider the severity of your conduct or action when you committed the offense, as well as your past criminal history. The prosecutor may also give their input regarding your request for early termination of probation, which will be weighed by the court. The court will consider if probation is causing you undo hardship, especially if probation is keeping you from:
- Employment or job advancement
- Work-required travel
- Being approved for a loan, or
- Obtaining an important government benefit
If early termination of your probation is approved, you may also be eligible to have the offense expunged from your record.
Expungement (California Penal Code Section 1203.4)
Depending on the circumstances of your specific case, your criminal defense attorney may be able to help you file for expungement while you are requesting early termination of probation.
Expungement allows you to move forward with your life without the barriers that a criminal record can present. According to PC 1203.4, expungement releases “all penalties and disabilities” resulting from that conviction. You may be eligible to have your record expunged if you:
- Were not sentenced to state prison
- Completed probation successfully, or obtained an early termination of probation, and
- Are not currently serving jail time or probation for an offense, or are currently being charged with a crime
You are not eligible to have your California record expunged if you:
- Were sentenced to California prison
- Were convicted of certain serious sex offenses against a child
- Were convicted of certain serious vehicle code violations, or
- Failed to successfully complete probation
When your record is expunged, the record of the case remains, but the outcome of the case will state that it has been dismissed in the Interest of Justice.
Having misdemeanor and felony crimes on your record can prevent you from being able to reach your career goals. Having these offenses on your record may also stop you from being able to serve in the military or hold public office.
Call Wallin & Klarich Today
If you wish to terminate your probation early or have your record expunged, contact a Wallin & Klarich criminal defense attorney today. Our skilled attorneys have over 40 years of experience successfully defending our clients and helping them have their rights restored. We will analyze the facts of your case and help you determine your eligibility. We will then file your request for early termination of probation and expungement, and attend the expungement hearing. Let us help you in your attempt to clear your criminal record.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5425 for a free phone consultation. We will be there when you call.
