I'm currently in the last year of a three year probation following a conviction for wet and reckless driving downgraded from a DUI. I wanted to seek an early termination of probation and then an expungement. This is to help out with seeking a job. If this is granted may I be legally allowed to then say that I have not been convicted of a misdemeanor?
Courts may consider a number of things when determining whether or not to grant early termination of probation. For example, future work or school prospects, volunteering opportunities that run back ground checks, whether you've completed all the requirements of your sentence, have you stayed out of trouble, positive things you've done for yourself and the community while on probation, etc. The judge has a lot of discretion regarding early term of probation.
If your granted a dismissal pursuant to CA Penal Code 1204.3 (commonly referred to as an expungement), then on must jobs you can legally say you have not been convicted of a crime for which the dismissal pertains to. However, most government and professional license jobs require you to disclose these convictions. It's probably worth it for you to hire a lawyer to help you with this. Good luck.
Early termination of probation is discretionary with the judge and begins with your having complied with all the terms and conditions of probation, including paying all the fines and fees required. In some instances, the reason why you want to terminate probation is important (e.g. employment). While you may also be able to get a dismissal under PC 1203.4, there is no longer a true expungement in California and the dismissal will be documented as such in a background check. While you may be legally correct in answering that you have not been convicted of a misdemeanor if your motion to dismiss is granted, you may have difficulty when it shows on the background check by an employer and will certainly have to disclose it in any government application. You might want to have an attorney help you with your motions and give you specific advice as to how to properly proceed.
When ruling on a motion for early termination of probation, the court will consider the length of the original grant, your performance on probation thus far, and your stated reasons for early termination. Typically, at least half the period granted must be completed. Your PC1203.4 Petition for Dismissal follows. Be advised, that if granted, it DOES NOT erase the conviction but merely adds a notation that the case is now dismissed. Finally, NOTHING can remove it from your DMV driving history. Thus, it will be dismissed, but it won't go away and it could still cause you problems.
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The courts consider a variety of factors. Helping get off probation to job seek is one solid reason. I would recommend obtaining an attorney to handle these motions for you. It is a two step process. Be advised, that if granted, an expungement DOES NOT erase the conviction but merely adds a notation that the case is now dismissed. Finally, NOTHING can remove it from your DMV driving history. Thus, it will be dismissed, but it won't go away and it could still cause you problems.
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
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