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Getting off Probation?

Culver City, CA |

I am finish paying the fines/fees for probation. I did four years out of five. What do I need to do to get off Probation and have this felony expunged?

Attorney Answers 4

Posted

File a motion for early termination of probation and a 1203.4 (expungement) motion.

The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.

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Posted

Prepare, file and serve a Motion for Early Termination of Probation under Penal Code section 1203.3(a) and People v. Allen. Then to have the felony expunged, you will need to reduce your felony to a misdemeanor under Penal Code section 17(b)(4), if the felony is eligible for reduction to a misdemeanor. It may not be eligible for reduction to a misdemeanor. If it is reduced, then file a Petition for Dismissal under Penal Code section 1203.4. There is a judicial council form available on the California Superior Court website. In Los Angeles County, there is a filing fee of $120. Good luck.

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Posted

Listen to Mr. Levin.

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1 comment

Michael Douglas Shafer

Michael Douglas Shafer

Posted

Also file the 17(b) motion concurrently as per Mr. Hill.

Posted

Although I way over in New York, let's start at the beginning.

Have you talked to your probation officer about getting off early?

If you have your officer's support, it will go a long way in your application to be relieved of probation early. They know you well and may be able to set out some positives to your term on probation so far.

What were the goals of your probation? Have you met them for the particular crime and your personal challenges?

What can you show that you have accomplished on probation. Acceptance? Treatment? Restitution is paid in full?

If you are going to approach the court, support your motion with these.

Also, gather all the support letters from those who love and respect you, especially remarking about the positive changes they have seen in you since you have been on probation.

Produce documentation of your progress.

These give prosecutors and judges a way to conclude that probation is no longer required for you to live a lawful life. It gives evidence for them to be able to help you.

Good luck.

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