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How long does it take to expunge a misdemeanor from your record in California?

Los Angeles, CA |

I was found guilty of making criminal threats in 2012. I would like to have it expunged from my record. How long is the process?

Attorney Answers 5

Posted

You have to wait for probation to end, however, you can sometimes have probation terminated early and then have in dismissed off of your record.

Elliot Zarabi
www.FreeCriminalConsultation.com
213-612-7720

Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.

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Posted

It is likely that an attorney can have probation terminated early and if so you can request to matter to be expunged. The process will depend on the backlog at the specific courthouse. Good luck.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Posted

How long it takes depends on your jurisdiction. Some require a probation recommendation. If you had a public defender, you can ask them to file it for you. If not, it should not be too expensive to hire counsel to do it. It's a form and one or two court appearances. If you suffered any violations of your probation (or were convicted of new crimes) it may complicate getting it accomplished.

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1 comment

Benjamin Alika Okin

Benjamin Alika Okin

Posted

You may be able to move for early termination of probation if you have a compelling cause and the court is satisfied probation has served its purpose.

Posted

If you are on probation there must be a motion to terminate probation and expunge provided that you have completed 50% of your probation. I just had both motions granted a few days ago, it is a process which is not too complex. First an attorney must file the proper motions and paperwork based on the facts of your case and your life circumstances, then you are going to have a hearing with your attorney and the judge will tell you whether it is granted or not. If granted, in a few weeks, the conviction will be expunged from the record. Your success will depend on the quality of motion written for your hearing.. That's why hiring an attorney who's done it before is very important.

Most of us on Avvo offer free consultation so feel free to call any attorney and discuss the details of the case. There are specific requirements for it.

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Posted

You certainly have options, as my colleagues have pointed out. Make some calls and retain an attorney who can help you. Many of us on Avvo provide a free consultation.

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