Legal Question in Criminal Law in California

Misdemeanor expungement

I have been informed that I may request early release from a summary probation (50%) from a no-contest plea to PC 653m(a). If granted, I may then have the misdemeanor expunged.

The Beverly Hills Superior Court has also informed me that I may apply for an even earlier release, notwithstanding the 50% requirement, for 'good cause.' Conviction date is 10/1/02.

I am anxious to put all of this behind me ASAP.

Please advise.

Thank you.


Asked on 7/30/03, 2:01 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Misdemeanor expungement

Yes, an early release Motion may succeed if you have good cause. Otherwise, the 50% time needs to run. If interested in discussing the necessary facts and fees for doing so, contact me.

Read more
Answered on 7/30/03, 6:48 pm
Arnon Sincoff Law Office of Arnon I. Sincoff

Re: Misdemeanor expungement

I DISAGREE with the attorneys who have replied thus far.

There is NO REQUIREMENT that you wait any specified period of time in order to apply ("make a motion") to the court for early termination of your probation. A judge always has the power to end your probation at any time.

However, as a matter of policy set by each individual judge or as may prevail in the specific court, a "standard" percentage of probation ought to have been served before making the early termination motion. However, that is simply a "rule of thumb" which need not be followed in any particular case.

POINT 1: YOU DO NOT HAVE TO WAIT UNTIL 10-1-03 TO APPLY FOR EARLY TERMINATION OF YOUR PROBATION.

Also, in order for the judge to grant your motion, you will be required to demonstrate three things, according to case law and Penal Code section 1203.3:

POINT 2: YOU MUST PROVE THAT

(1) NEW FACTS HAVE ARISEN SINCE YOU WERE PLACED ON PROBATION;

(2) THOSE FACTS SHOW THAT EARLY TERMINATION IS NECESSARY TO SUCH A DEGREE THAT "THE ENDS OF JUSTICE WILL BE SUBSERVED THEREBY," and

(3) YOUR CONDUCT AND ATTITUDE HAVE BEEN SO GOOD THAT YOUR PROBATION SHOULD BE TERMINATED EARLIER THAN ORIGINALLY ORDERED.

POINT 3: SEE A LAWYER IMMEDIATELY TO DISCUSS WHETHER THE THREE ITEMS LISTED IN POINT 2 CAN BE PROVEN SATISFACTORILY TO THE BEVERLY HILLS JUDGE. IF SO, YOU WILL DEFINITELY BE ABLE TO HAVE THE CONVICTION EXPUNGED RIGHT AFTER THE EARLY TERMINATION IS GRANTED.

I just happen to be a Beverly Hills criminal defense attorney, and if you wish, call me directly at my office at (310) 278-2320. Don't wait until circumstances change for the worse and you lose your ability to make a successful motion. Arnon I. Sincoff, Esq.

Read more
Answered on 7/31/03, 5:11 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Misdemeanor expungement

Thank you for your inquiry.

Penal Code 1203.4 allows you to apply for an expungement once probation ends. Penal Code 1203.3 allows you to bring a motion to terminate your probation, so long as you've complied with all terms, a minimum of one year has passed, and, as you've stated, "good cause" is shown.

You certainly can gain from a motion to terminate probation early, and if granted, an expungment is almost assured.

I hope that this information helps, but if you have further questions you need answered, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected] I am happy to help in any way that I can.

Read more
Answered on 7/30/03, 3:34 pm


Related Questions & Answers

More Criminal Law questions and answers in California