There are so few options available when it comes to post – conviction relief. You have made a good start by inquiring here.
An expungement under Penal Code section 1203.4 is unavailable while you were currently on probation or charged with any crime. However, pursuant to Penal Code section 1203.3 a judge has the ability to terminate your probation early "in the interest of justice."
It would appear that your case meets what many would call "the interests of justice."
If the judge grants your motion to terminate probation early per 1203.3, then you are immediately eligible for expungement relief. In my experience, most judges are unwilling to seriously consider such a motion until at least half of the probation period has elapsed.
Most of us here on AVVO, including myself, will give a free consultation relating to your motion to terminate probation and expunge. Start calling! And happy new year!!!
Troy Slaten, Esq. DUI Trial Lawyer
First hire lawyer. Petition for early termination. Then petition for expungement
This does not form an attorney-client relationship. I require a written agreement before I begin work on any case.
You can file a Motion to Terminate Probation, and then if that is granted, you can then move to have this conviction expunged. Not sure about the politics of whether the DAs will fight the Motion to Terminate Probation, and if Judges grant these or not. Hopefully some LA DUI lawyers can shed some light on it. But that's the process to get things started.
Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.
DUI PROBATION IS SET AT 3 YEAR MIN UP TO 5 YEAR MAX... RARELY WILL YOU FIND A COURT THAT WILL REDUCE BELOW 3 YEARS. MAYBE IF IT WAS military SERVICE RELATED. Of course you can simply tell the court you are no longer agreeing to probation... of course there would a license suspension and up to 6 months in the bucket! If it was easy everyone would do it... it is not. The expungement process would most likely not help you to the degree that you think it would... it will always remain there in your DMV record for all to see even if you said that you were found not guilty by a judge.
First petition for early termination of probation and then follow it up with an expungement by petitioning for a dismissal pursuant to Penal Code Section 1203.4. For Los Angeles, an expungement is form CR 180. Don't forget form CR 181. There is no specific form for early termination of probation, it is typically a legal brief. After reviewing the forms and the work involved for the brief, you may consider the assistance of an attorney. I wish you the best.
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.
Pretty simple. You hire counsel to file motion for early termination of probation and expungement. This should be a noticed motion and contain declarations and exhibits that show why you deserve early termination. Contrary to popular belief ETO is available in DUI cases but you need to show very good cause. You seem to have it. Many of us offer free consults. Good luck.
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