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Can I have my record cleared sooner?

San Jose, CA |

I've been convicted misdemeanor. The court order is 6-month probation, community service, classroom, and court fee. I've done everything but just done 3 months of probation. Can I ask for clearing my record sooner or I have to wait until accomplishing 6 months?
Thank you for answering my question.

Attorney Answers 4

Posted

Yes, tou can ask the judge for an early termination of your probation under these circumstances. There is no guarantee that your request will be granted because part of the reason for probation's that you remain law-abiding for a specific period of time. The fact that you have hastened your probationary obligations bodes well for you. Good luck!

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Posted

Yes you can certainly go to court and request an early termination of your probation. Because the length of your probation was fairly short- 6 months- the court may refuse.

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Posted

You can try. However, given that probation is such a short six months the court may not grant it.

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Posted

I agree with the other answers. Six months is a very short time for probation, and it is a very short time as well for demonstrating what probation is supposedly all about -- Proving that you have 'learned your lesson and won't offend again.' You can try to get expungment early, but I doubt the court will agree. Perhaps it would be best to wait out the six months and then file.

Best wishes for future success.

Although I am an experienced CA criminal defense and appeals attorney, I can not 'guarantee' that my answer is entirely accurate, since I have not reviewed all of the factual circumstances of the case, nor have I discussed those circumstances fully with the questioner. The fact that I have answered this question does not establish an attorney client relationship between the questioner and my self or my office.

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