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Getting off probation early and getting record expunged. : Last year July I was convicted (pled guilty) to felony pc273a(a) and felony hs11358. In short, i had a dispensary and grew mmj at my house and had my 4 year old son once a week over. My house was raided and although i had my paperwork for the dispensary and mmj card, i was charged with felony cultivation and subsequently child endangerment. I was arrested and spent 1 day in county. I was placed on 3 months house arrest and call monthly for my report. The judge offered me that contingent on my bachelors he will reduce the felony cultivation to a misdemeanor. My lawyers told me the child endangerment charge was a wobbler. My question is, what are the chances or what would prevent me from getting off probation early and expunge my record or worse case, have both charges dropped to misdemeanors. I am 2 months away from graduating with my B.S. and start my MBA in oct. I will have paid off all court fines and finish my 52 week child endangerment classes required by the court in feb 2017. I am looking at filing the paper right after. No priors and this is ny 1st offense. I need to get a better job without having a background. Feb 2017 would mark 18 months in a 4 year sentence.

Asked about 1 year ago in Criminal Defense

Matthew’s answer: Your chances I would say are good, but would need more info.

Before you can terminate probation early pursuant to Penal Code 1203.3, you must have satisfied all conditions of probations and have all your fines paid off. Until this happens, no judge will consider it.

Also, child endangerment is a wobbler and can be reduced pursuant to Penal Code 17(b). The court will consider the aggravating and mitigating circumstances of the crime, your criminal history (or lack thereof), and any remedial measures you have taken since the conviction and your performance on probation.

Happy to discuss it with if you need more info. Good luck!

Answered about 1 year ago.


When can I ask for a expungement for a DUI charge? All the fines and conditions have been met.: I was given a 3-year probation, but am unable to get a job in my profession due to the DUI on my record.

Asked over 2 years ago in DUI & DWI

Matthew’s answer: You can file a motion for termination of probation under Penal Code 1203.3. You have to have completed all condition (DUI classes, public work service, etc.) of probation and paid your fines and not be on probation for another offense.

If the court grants your motion, you will be off probation and then you can file for expungement under Penal Code 1203.4.

Good Luck.

Answered over 2 years ago.


First time going to court. What to expect?: In a week I will be going to court for shoplifting $107. I already paid the civil demand I received in the mail. I am 18 and it is my first offense. I'm extremely nervous and I don't know what will happen. I've heard there's a possible punishment of 6 months in jail. Is this true? What do I do when I go to court? Please help!

Asked over 2 years ago in Criminal Defense

Matthew’s answer: Its likely you will be charged with Petty Theft, Penal Code 488. While this does come with a maximum penalty of 6 months in jail, if you have no criminal record you are likely not going to do any jail even if convicted. Typically, people get summary probation for their first offense of Petty Theft.

If you truly have no criminal record, the real punishment for you is the permanent criminal record. You should try to plea bargain your case to something that will not give you permanent record, like diversion or some kind of infraction offense. Typically, Petty Thefts can plea down to infraction Petty Theft under Penal Code 490.1 or Disturbing the Peace under Penal Code 415.

If you have paid the civil demand and return the stolen items to the store or other owner, your lawyer should argue these mitigating factors to the prosecutor to get a diversion or lower plea resolution.

Good Luck. I've attached a link to criminal defense representation on my website which is the service you would need if you were hiring a lawyer for this.

Answered over 2 years ago.