QUESTION
How do I get a felony expunged if I completed my probation?
Asked on Dec 02nd, 2011 on Criminal Law - California
More details to this question:
So I was arrested in 08/04 and plead guilty in 12/05 with prob 36. After I was arrested, I was bonded out and left the state with the judge's and my lawyer's permission and moved to Florida to get away from the life style I was living. Now almost 7 years later, I'm still haunted by the fact that I made one mistake when I was 18 years old. My problem is I'm trying to get a state job down here and can't due to this felony being on my record. I was under the impression that once I was done with probation, it was expunged off my record. Obviously, I was wrong. What should I do to get this taken care of A.S.A.P? I'm planning on contacting my lawyer who is out of Ventura and see what he has to say, but I figured I could ask here also.
6 ANSWERS
Geoffrey MacLaren Yaryan
Go to the court where it was filed and request that it be expunged.
Answered on Dec 07th, 2011 at 11:11 PM
You need an attorney to first file a 17b motion to reduce the felony to a misdemeanor. Once granted, a petiton for expungement can be filed. Contact an attorney about your eligibility.
Answered on Dec 06th, 2011 at 3:36 PM
Federal Criminal Law Attorney serving Fresno, CA
at
Mark A. Broughton, PC
Update Your Profile
You're not going to like the answer. As I read your statement, you never completed probation because you didn't complete Prop 36. So, a warrant was probably issued long ago. When you come back the warrant will have to be recalled, and then the case will proceed to judgment. Of course, you could get probation (perhaps prop 36) again. But, you will not be able to expunge your record- at least until after you have truly completed probation. Unfortunately, you can't just not get in trouble when you are on felony probation, at least Prop 36. Good luck!
Answered on Dec 06th, 2011 at 3:22 PM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
If it was Prop 36, you just need to show completion to get case dismissed. If not ... If you didn't do prison time and the offense was a wobbler (punishable as a felony or misdemeanor) you can get it reduced to a misdemeanor pursuant to Penal Code 17b and dismissed pursuant to 1203.4.
Answered on Dec 06th, 2011 at 10:42 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
If you successfully completed your prop 36 program, then it is possible to have the conviction withdrawn and dismissed.
Answered on Dec 06th, 2011 at 1:08 AM
Criminal Defense Attorney serving Fullerton, CA
at
The Law Offices of John W. Bussman
Update Your Profile
If you successfully completed Prop 36 (not clear that you did), then there shouldn't be anything left to expunge because the case should have automatically been dismissed. Talk to an attorney about looking into this to confirm that you did actually complete Prop 36 and that there aren't any problems that you may be unaware of.
Answered on Dec 05th, 2011 at 4:39 PM