Legal Question in Criminal Law in California

Re: Santa Clara County, court probation and record expunged

Yes, provided there have been no additional violations, etc. I would highly advise that you seek the expungement sooner rather than later. Any additional infractions or problems (even "minor" ones) could later foreclose that option - and I have unfortunately seen this happen.

I am happy to assist you with this. I am familiar with Santa Clara Court having lived in the area. You may contact me at 858.405.5881.

Re: Santa Clara County, court probation and record expunged

You can file a 1203.4 Motion. That withdraws your plea of guilty or no contest, then, enters a plea of not guilty and the case is dismissed. Your petty theft can still be used as a priorable offense in the future is you served any time in jail this time. You can try to do the file the motion yourself, most counties have forms to fill out. The cost is usually $60.00 and some counties don't charge at all. If you have not had any probation violations you can have the motion granted without a hearing. If you have had any probation violations, you may want to have an attorney help you. If you have any additional questions, please feel free to contact me. Good luck.

Elena Condes

Re: Santa Clara County, court probation and record expunged

Probably yes, assuming you have no further charges since the conviction. Contact me to discuss the procedures if you are interested.