My brother is serving time for theft. It was an extremely large amount. The victims were giving him signed blank checks. He used the money for gambling. These victims even went after his family. Because of the community property law half is his personally they were able to get some of that. They fought his parole. They said he had not given them any restitution when he was incarcerated. He had given them a large amount before he was sentenced. Once he finishes probation does the victims have any say in his record being expunged or are they even notified?
1 Answer from Attorneys
In my experience, your brother will not be eligible for expungement since he is serving time. If somehow he is eligible for expungement, then he will have to prove he complied with his probation, and it is hard to believe that his probation would not have included full restitution.
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