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I am not satisfied with my lawyer. It's time for my expungement. Can I get a different lawyer?

San Diego, CA |

All fines are paid, probation is 3 years, but I was informed I can request expunge after 1 1/2 years. Everything is satisfied on my end. I am just not happy with the services from my lawyer who handled the case 1 1/2 years ago.

Attorney Answers 8


  1. You can find another attorney to handle the early termination and expungement. Contact some local attorneys and see what they say.

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply


  2. Yes there's no reason you have to continue with your old lawyer.

    Because I was recently congratulated by an Avvo questioner for having the courage not to use a disclaimer, let me make it clear that I have always answered questions subject to the Avvo general disclaimer. The answers I give are for educational purposes and not to be relied upon for legal advice. No attorney-client relationship is intended or established by virtue of these answers.


  3. You can request an expungement after you successfully terminate your probation, which as you indicate, you can generally attempt to do at the halfway mark. That is the difficult part which you will likely need an experienced attorney to help you with. At that point you can move to expunge the conviction. You should never have an attorney represent you who aren't you are not 100% comfortable with. Start contacting attorneys and shop around. Most offer free consultations.

    Peter C. Blair: (619) 727-0191_ peter@blairdefense.com


  4. You can hire a defense attorney to file a motion requesting early termination of probation. After your probatio is over you may seek have that attorney also seek to expunge the conviction. Also, keep in mind some felony convictions can be reduced to misdemeanors, but that should be done prior to receiving an expungement. Most defense attorneys in San Diego County offer free consultations, so you shouldn't hesitate to call and learn more about what can be done on your behalf.

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


  5. If you have the financial ability to retain a locally experienced quality criminal defense attorney, go for it.


  6. You can always hire another attorney to assist you with your case. You are not obligated to stay with the same attorney.


  7. You may hire a new lawyer of your choice to handle whatever it is you hope to accomplish now. If you have not yet completed probation, you will need a motion for early termination of probation before you can file a 1203.4 petition.

    Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006 criminalattorneysd.com

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