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If you have been convicted of a misdameanor many people think that there is nothing to do to try and clean up there record. Well there is, as an Attorney with more than 14 years of experience in criminal law I have helped many people clean up there records.  Now all cases are different, but in most cases there is things we can do to help you get on your path to making things look better for you.

But, at the outset one thing I want to make clear and where I think there is some misconcpeptions out on the internet and even some advice I have overheard from other Attorneys is that this process of early termination of probation and expungement means there records will be destroyed and nobody will ever be able to find them.  Anyone telling you this is wrong.  What will happen is that there will be an update to your records showing a termination of probation and an expungement if that happens at the same time. This can be a confusing process and despite the self help law out there you should always consult with a licensed Attorney regerding your legal issues. 

I will discuss below the motion to terminate probation early and briefly discuss how this goes with the expungement process under penal code section 1203.4

EARLY TERMINATION OF PROBATION

California Penal Code section 1203.3 (a) provides in pertient part:  "The court may at any time when the ends of Justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, discharge the person so held."

Ordinarily, a defendant who has either satisfactorily  completed the probation period or has been discharged before termination is entitled to have his or her guilty plea expunged and accusations dismissed.  1203.4

Before any term of probation can be modified, a hearing msut be held in open court before a Judge.  The prosecuting Attorney msut be given two days written notice and an oppurtunity to be heard on the matter.  If there is a modification, the Judge must state the reasons for that modification on the record.  Before issuing an order terminating probation, the court or its clerk must notify the probation officer in writing of the court's intention to terminate probation. 

 

WHAT ARE THE STEPS OF THE PROCESS

STEP 1 EVALUATE IF YOU ARE ELIGIBLE

What we would do is evaluate whether you are eligible for this type of relief.  We look at have you completed the court- ordered sentence, paid all fines and restitution, and finished all counseling requirements.  This includes any additional terms imposed at the time of the conviction.  

PAPERWORK REQUIREMENTS

We will file all the necessary paperwork for you if we are your Attorney of record.

These include:

Notice of Motion and Motion to Terminate Probation

Points and Authorites in Support of Motion to Terminate Probation

Declaration in Support of Motion to Terminate Probation

Order Terminating Probation

 

We will then make copies of all your documents and supporting documents

We then file the documents with the court clerk and

then

SERVICE REQUIREMENTS

After the documents are filed with the court clerk, we give the stamped copies to the District Attorneys office, probation department, and this service must be done at least two days before the court date usually we will serve the District Attorneys office and probation department way earlier than two days before the court date. 

we will complete the proof of service form which shows that you have complied with the service requirements then all that is needed is for you to personally be present at the court appearance if the District Attorneys office has no objection they will serve a brief no objection, if the da does object they will file a formal response.

 

Again this is meant for informational purposes only and your case may be different. 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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