QUESTION

Can a suspended sentenced be raised later on for probation violation of same case?

Asked on Apr 19th, 2013 on Expungements - California
More details to this question:
I was convicted of pc 487(a) back in 2000. I was given 365 days jail, but suspended and instead placed on formal probation. In Oct 2011, I was convicted of probation violation, for not reporting and not paying restitution. I was then sentenced to 2 years county jail. I had been in jail for 46 actual days but was only given credit for 5 days. I was released in May 2012. I was not placed on parole and court papers said time to be served in county jail per pc1170(h)(1) and (h)(2). I am not currently on probation for anything. I want to clear my record for job and immigration purposes. How can I clear my record? Should i file under pc1203.4 or under pc1203.4a? I also want to know if it was correct that I was sentenced to 2 years, when my original sentence in 2000 was of 1 year. I've read about vacating my charge instead of expunging it, do I qualify for either? This was all in Los Angeles County.
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1 ANSWER

If this was a county prison sentence neither 1203.4 or 1203.4a apply. You cannot clear your record without a pardon from the governor.
Answered on Apr 22nd, 2013 at 11:47 PM

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