Home > Research Legal Advice > Criminal Defense > How long after i pay my fines and get off of probation does it take to b...
Asked over 1 year ago - Exeter, CA
FlagAll my cases are drug/alcohal related, stolen property, burglry and disturbing the peace. I just paid my fine, i am awaiting for my probation to end.
Some counties allow you to file a 1203.4 (which is the penal code under which you can apply for the expungement) halfway through your probation. You should consult an attorney to see if your county is one of those. If so, you could file the motion now, as long as you've complied with all the terms- i.e. completed classes, etc.
Technically speaking, your cases will be dismissed upon filing what is called Penal Code Section 1203.4 petition, not expunged.
In order for you to file that petition, you have to successfully complete your probation (meaning your probation was not revoked a few times because you were getting into some troubles, e.g. you were following everything either the court or your probation officer were telling you to do, and that include your probation status for prior cases as well if you had any) and the charges you were convicted of are eligible for dismissal per that 1203.4 section - there are certain offenses that are not eligible. All your fines have to be paid, including any type of prior convictions.
You can go to court and ask for 1203.4 petition and file it yourself, however, most people get confused and do not do it properly, and the judges denies them because they are not done properly.
If you had more than one case and I assume you are currently on probation for something, but perhaps you had some prior convictions, it is in your best interest to hire an attorney, who can request records of all your convictions, make evaluation whether all of your cases could be dismissed and then file petition for the dismissal.
If you still have to be on probation for some time, your attorney can also file a motion for an early termination of probation and argue that your probation should be terminated (for whatever reasons - military, employment, etc.)
Under CA Penal code section 1203.4, you are eligible to file a petition for expungement immediately after the successful completion of your probation. However, you may be eligible to file a motion for early termination of probation to expedite the process. Courts generally will entertain these motions after 50% of the probationary period has elapsed. You should consult with an attorney to determine your best course of action. Best of luck
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
