Serving Southern California including Los Angeles County, Orange County, Santa Barbara County, San Bernardino County and San Diego County.
Annually, approximately 350,000 adults are placed on probation in California, for both misdemeanor and felony crimes. (Crime in California 1998-2004) Serving an active probation term can obstruct your employment opportunities; interfere with school and cause financial stress. You may be able to obtain relief through an early termination of probation. Consult with an experienced Southern California Defense Lawyer to give you legal help and advice.
By California law (Penal Code 1203.4), an individual seeking an Expungement, or sealing, of a criminal record must not be serving a probation sentence. However, under certain circumstances a Motion may be filed with a California Court requesting a hearing for an early termination of probation. The Prosecuting Attorney must be given a 2-day written notice and be given an opportunity to be heard in the matter, as well (Penal Code 1203.3). If early release from probation is granted, the process of Expungement can follow.
How serious the crime was that warranted the probation sentence. Both misdemeanor and felony crimes can be granted an early termination of probation.
How much time did the probationer spend serving the probation term. Usually, about half of the probation term should be completed.
Have all the terms and conditions of probation been satisfactorily fulfilled.All fines, fees and restitution should be paid.
What the criminal history of the probationer reveals, if anything. The individual must not have any new criminal cases pending.
If there is very good reason to terminate the probation early.Such as the probationer being prevented from gaining employment or other benefits.
What the Prosecuting Attorney has to say. It could be beneficial to be represented by an expert Criminal Defense Lawyer who will be prepared to argue your case, should the Prosecuting Attorney oppose the Motion.