Early Termination of Probation in California

What exactly is probation? Probation generally comes in two types; formal probation, and informal probation.

California Penal Code section 1203.3 talks about probation and the inherent power that the court has to regulate a probationers conduct, or to modify or even end or terminate probation if it makes a finding that such an act is in the interest of justice.

Formal probation is generally given on felony cases. It is a more structured type of probation, and often requires the probationer to report either in person or through an electronic kiosk or post card type reporting on a monthly basis. The probationer is also subject to periodic drug testing as well as search and seizure terms at their home. Some misdemeanor cases result in formal probation although this is pretty unusual, usually limited to serious sex-related misdemeanors, or when the case is reduced to a misdemeanor as part of a plea bargain with the agreement that formal probation will attach as part of the plea.

Informal probation is also called "summary" or "court" probation. This type of probation is a much lower level of supervision, and the probationer does not even need to report to the probation department. They are given a set of terms and conditions of probation, such as paying a fine, attending an alcohol or anger management school, and a general term to "violate the law". This probation is regulated by the court, and generally speaking the only time an issue occurs is when there is a violation of that probation by failure to pay a fine, or perhaps a subsequent arrest during the term of the probation.

The court maintains ongoing power to modify probation during the term of Probation. We address that ongoing power of the court in a motion for early termination of probation. Certain types of cases such as DUIs, or domestic violence cases are more difficult to obtain early termination of probation on.

We have had about 75% of our motions granted; If your motion is denied, we re-file for expungement FOR NO ADDITIONAL LEGAL FEES at the end of probation.

We only do Expungement Law; Record Clearing is our only practice, not a "sideline" to a general law practice. Our fees are competitive and include all Court fees, legal work and service of the petition for expungement on all parties, as well as court appearances. You will not need to appear in Court in most cases. We may not be the 'cheapest' price, but we do things right. Be cautious of non-attorney expungement sites.

We have been successful in our motions to end probation early in Courts all over California. This procedure can take about 5 to 6 weeks, depending upon the Court and the complexity of the case. Please call us to discuss the facts of your case.

California Law (§1203.3 of the Penal Code) allows a Motion to be filed to request a person released be from Probation early, and apply for expungement (§1203.4 PC) at the same time. Usually about half of the Probation Term should have been completed. This is a decision that is discretionary with the Judge, and may be opposed by the Prosecutor's office. It requires a formal written Motion and Court Hearing.

All conditions of Probation must be complete before the Motion to Terminate can be filed; that is, all fines, fees, restitution, classes, programs or community service need to be done before the Court will consider the case. Both misdemeanor and felony probationers can be granted an early termination. At the time probation is terminated, an expungement will be requested immediately and is usually granted during the same Court proceeding.

This procedure requires a seasoned Attorney; it is not a simple form, and requires creativity and court experience.

Fees are reasonable: $1250.00 (may be paid in two or three installments), and include the Motion for Early Termination, Petition for Expungement, Reduction to Misdemeanor (if applicable), all Court appearances, filing fees, Court costs, and research.

CALL US FOR A FREE CONSULTATION 800 495 2819 OR CLICK HERE

Reduce a Felony Conviction to a Misdemeanor

California Law (§17 of the Penal Code) allows a Motion to be filed to request a Felony conviction be reduced to a misdemeanor. This can be done at any time, even years after the conviction. See, Meyer v. Superior Court, 247 Cal. App. 2D 133 (1966) This is a decision that is discretionary with the Judge, see, People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, 977; and may be opposed by the Prosecutor's office. It requires a Motion and Court Hearing on the merits of the request. This can be done at the same time an Expungement is requested. As the Judge has great discretion in this decision, it is crucial to present the Court with facts favorable to the reduction. Experienced legal counsel increases the chances of success. The charge must be a "wobbler" (originally chargeable as a misdemeanor or felony) so not all felony cases can be reduced. Most 'white collar' type offenses are wobblers. We have had about 95% of our motions to reduce granted. The conviction is then a misdemeanor "for all purposes" making licensing and employment opportunities MUCH better- you no longer have a felony record, and can honestly answer "no" to any question regarding a felony conviction. This reduction can also mean potential restoration of firearms rights; see, People v. Gilbreth (2007) 156 Cal. App. 4th 53, 57-58. We have successfully reduced felony convictions all over California. This procedure can take about 8 weeks to 12 weeks, depending upon the Court and the complexity of the case. Please call for a free consultation to determine if you are eligible for the reduction of your case. If your case involved a State Prison sentence, even if the prison sentence was suspended, you are not eligible to reduce the conviction status to misdemeanor. Fees are reasonable: $750.00 to (may be paid in two installments), and include the Petition for Reduction to Misdemeanor, Expungement (if applicable), all Court appearances, filing fees and research. If Reduction under 17(b) of the Penal Code is done at the same time as an Expungement (set aside and dismissal under Penal Code §1203.4), there is NO additional charge for the reduction proceeding. Visit Our Website for more Information, or call 800 495 2819 for a free consultation.

New Website is UP!

We have been online since 2003 with a site specifically for California Expungement law; Our Record-Clear.com site has been totally redesigned and has much new content, including videos, published cases and a new "Terminology" page. Take a look and find out more about California's Expungement Law and our services. Visit HERE

California Law Now Allows Expungement of Many Infractions

AB 2582, amending 1203.4 of the California Penal Code and effective January 2011, allows certain NON TRAFFIC infractions to be expunged.  Up until this time, only felonies and misdemeanors were eligible to be expunged.

Certain California infractions can now be expunged. This will be very helpful to those convicted of infractions such as disturbing the peace, trespass, or petty theft under Penal Code 490.1.

An infraction is a minor offense that can only be punished with a fine.

We can expunge your California Infraction conviction by withdrawing your plea and having the case dismissed in most circumstances. The law is complex in certain areas, but expungement is something that SHOULD be done by everyone with an Infraction conviction record.

We only do Expungement Law; Record Clearing is our only practice, not a "sideline" to a general law practice. Our fees are competitive and include all Court fees, legal work and service of the petition for expungement on all parties, as well as court appearances. You will not need to appear in Court in most cases. We may not be the 'cheapest' price, but we do things right. Be cautious of non-attorney expungement sites.

California Infraction Expungement usually takes 6-12 weeks, and our fees are from $495 to $550 depending upon the court. Infractions that occurred years ago can now be expunged due to the change in Penal Code 1203.4 allowing such Infraction Expungements.

Please call us for free telephone consultation at             800-495-2819       or visit our website: Record-Clear.com.

How long does a California Expungement take?

Like so many questions involving the practice of law, the answer is "it depends"

Several factors impact the length of time an expungement takes to go through the court system. Some of these factors are: the length of time between the conviction and the filing of the expungement; whether or not the case is in the current computer system at the courthouse where the expungement needs to be filed; whether or not the case is a felony or misdemeanor; how complex the case is; whether or not the case file is in storage off-site from the courthouse where the expungement needs to be processed; and if the Court wants a Probation Report prepared prior to the Court hearing.

Cases that are less than 10 years old usually process reasonably fast, as the files are still physically on site at most courthouses in California. Also, cases that are recent are automated and often times the entire case is available as an electronic docket so that the clerk's office and the court can have instant access to the entire history of the case.

Older cases are often placed in a central storage area that is commonly called the “archives”. Once a case has been sent to archives it is often processed into microfiche, or a similar optical storage process.

In some counties, such as Los Angeles County, felony cases are moved to a central storage facility near downtown, and retrieval of those cases can often take 60 to 90 days before the expungement process even starts in the courthouse where the case occurred.

Some courthouses tend to be very efficient in processing expungements and “turn around” petitions in 6 to 8 weeks; Van Nuys Court in LA County and the Newport Beach Court in Orange County tend to be pretty quick in processing expungements that are less than 10 years old.

Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases and can take up to six months.

When you call us for telephone consultation we will be able to give you a better idea of a more precise time that your expungement petition will probably take. That being said, expungement petitions are not a priority for the court system, and there is no time limit associated with expungement petitions, so sometimes delays of weeks or months occur.

See our UTube Video HERE

Please call us for free telephone consultation at 800-495-2819 or visit our website Record-Clear.com.

DUI Expungement in California- Law Overview and Summary:

   (See our YouTube Video HERE  Visit our WEBSITE)

DUI convictions are one of the most common criminal offenses in California. Violation of 23152 or 23153 of the California Vehicle Code can result in conviction, fine, alcohol school and custody time.  Such a conviction can have long lasting repercussions in employment, and adversely impact quality of life. A DUI expungement helps mitigate this mistake.

The legal standard for California DUI Expungement cases is higher than other expungements due to a rather recent change in the Expungement law.

Experienced legal counsel greatly increases the success rate in these matters as the court must make a finding that the expungement is in 'the interest of justice'. In many cases, a Felony DUI can be reduced to a misdemeanor and then expunged.

Potential clients get a free telephone consultation with an Attorney with hundreds of DUI defense cases, including many jury trials. Our fees are reasonable, competitive, and include all legal work, court costs and court appearances. We DO NOT charge more for a California DUI expungement case, unlike many lawyers.

We have successfully expunged hundreds of DUI records all over the State of California. Please be aware that while all DUI cases can not be expunged most can be; there are some limits on the relief an expungement can grant; such as- DMV does not remove their record of the case after an expungement is granted in the criminal Court.

California DUI records are not expunged automatically with the passage of time, but require the filing and granting of a Petition for relief in Court.

For additional information Call 800 495 2819 or send an email request here.

Does an Expungement erase all records and destroy the Court file?

No. An expungement changes and updates the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code.

This means the Court file, the California Department of Justice, and the FBI update their files to show a new plea of not guilty has been entered and the case has been ordered dismissed and set aside by the Court.

It does not remove all records of the case, nor does it make the conviction 'invisible' to background checks. The conviction is set aside, and the case dismissed by Court Order.

For additional information Call 800 495 2819 or send an email request here.