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What is probation? Probation is a form of punishment granted by the Court as an alternative to Prison. Probation can be formal or summary.

 Formal Probation provides an offender with the benefit of supervision in the community by a Probation Officer. Offenders are given court ordered terms and conditions of Probation to follow for three to five years. If the offender violates those “terms and conditions”, the court will be notified, and they could be sentenced to serve the remainder of their sentence in County or State Prison.

Summary probation, also known as court or informal probation, is supervised by the court, not the probation department. If an offender’s misdemeanor probation terms require classes, community service, counseling, etc., they are held accountable by the court.

If you have a probation violation (i.e., had a violation hearing and were found to be in violation), or had a new violation of law while on probation, you are still eligible for an expungement pursuant PC 1203.4. However, you lose your entitlement to the relief and it is up to the discretion of the court to grant the expungement. 

The court will look as the following factors when deciding whether to grant the expungement:

•    Your performance, and general behavior, while on probation.

•    The egregiousness of the violation.

•    The seriousness of your original conviction.

•    Your entire criminal record (do you have an extensive record).

It is important to show the court why one deserves an expungement, and we pride ourselves in finding the unique details in your life that will enable us to build the strongest arguments for your case. It is important to show the court how the negative record holds one back from securing gainful employment; the ability to provide for your children or other family members; your general involvement and standing in your community. 

Under California Penal Code 1203.3 a motion for early termination of your probation may be filed at any time with the Court. If the presiding Judge finds it to be in the interest of justice to terminate your probation early, we can then ask that same judge to then expunge the underlying conviction. In over 95% of our cases, both of these requests can be made at the same hearing. 

Although there are no time restrictions on when an expungement petition or early termination motion can be filed, we often suggest that our clients complete at least 1/2 of their probationary term. Additionally, an expungement petition or early termination of probation motion cannot be filed sooner than one year after the conviction date.