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Any advice in what to do to expunged a record.?

San Diego, CA |

I am currently living in Mexico, looking to have my record expunged, but I am still on probation, I think this can be a way to get the process started. In my short knowledge, California law allows the court to modify or terminate my probation but that is not my interest, what I want is to file application for expungement at least one the next charges or both if is possible. PC273a(b) Child endangerment and 273.6(a) Protective order violation.

Attorney Answers 4

Posted

Your interests conflict with the law in California which do not permit eligibility for a dismissal under PC 1203.4 unless and until the term of probation has been satisfied and/or terminated early (favorably). First step is to get off probation early. Depending on where in the county your case is the "expungement" petition may be heard anywhere from immediately after probation is terminated to 4-8 weeks later.

Hire a locally experienced criminal defense attorney who can likely get most, if not all, of this process underway without you having to come back to SD.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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Posted

It's possible to expunge your record, but first you need to successfully complete probation. If you've satisfied all the terms and conditions of probation, then you can ask to terminate probation early. You should obtain a free consultation with a defense attorney to discuss how to move forward with cleaning up your record.

Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381

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Posted

Generally you want to have successfully completed your probation and paid all costs and fines before requesting penal code section 1203.4 or 1203.4(a) relief. Although you can file the request for relief yourself you need to know that there is a fee to the court that varies from county to county.

I would advise that you speak to an attorney to discuss both the timing and benefits of a request for expungement.

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Posted

First, you will need to request that the court terminate your probation early. You will need to show that you are eligible for early termination based on the standard provided under CA law. If you have met all of the requirements of your probation (e.g. paid court costs, completed required classes, not engaged in any other criminal conduct, etc.) you may have a good chance. However, the district attorney has the right to challenge early termination depending on the specific facts of your case. Contact a defense attorney to see if you're a good candidate for early termination. You are not eligible to get your record expunged until the probation is terminated.

By posting on this site or answering/responding to questions does not create an attorney-client relationship and is intended to be an opinion only. My opinion is intended to be a guarantee or promise of any outcome or result in your matter.

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