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How many years does it take before the probation is deleted if I leave the country?

Los Angeles, CA |

I am an international student in the US, I got arrested for a DUI and I will finish my studies after half my probation period, I will have to leave the country since I cant study anymore and I am not allowed to work in the US. If i leave the country, will my probation be deleted eventually ?

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Attorney answers 4


If it was a first DUI your probation was probably set for 3 years. Talk to an attorney or call the court clerk to see how much time is left on probation. If you do not comply with the terms of probation, a warrant will be issued and probation will be revoked and time tolled.. Good luck!


Contact your attorney about having probation terminated before you leave so to eliminate any additional problems if you ever decide to re-enter. Be certain to complete all of the terms of probation. Best wishes.

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.


If this was a first-time DUI without injury in LA county, you should have been placed on informal probation and given a fine, DUI school, and possibly a MADD impact panel. After all your affirmative obligations have been completed, the probationary term is just a status, and will terminate by its own terms at the end of probation, barring a new violation. Assuming you've completed all the affirmative obligations, if you do nothing further, probation will expire without further requirement from you. Most probation terms and conditions also require reporting to the court with a change of address, but I've not seen that failure alone ever prosecuted.
If you are on formal probation, or still have outstanding obligations, leaving will result in a probation violation and probably a warrant for your arrest.

Contact your lawyer or any of the attorney's on this list for further info and advice.

Good luck


Probation will not be deleted. It does not work that way. If you were wise, and you have good cause, I would hire counsel and have the probation legally terminated early so there is no problem should you ever wish to come back. Many of us offer free consults including our firm.

Brian Michaels.
Los Angeles Defense Attorney

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