Now that your probation is either finished or close to being finished you want to clean up your record. This will improve your chances for a job and will provide you the satisfaction of the Court system recognizing your efforts at turning your life around. You want a second chance. Basic Requirements: Who Qualifies? Generally, to qualify for an expungement under Penal Code section 1203.4, you must have completed probation and not have a current case pending or be on probation for any other matter. What if I have not completed probation yet or I was not successful? If you have not finished your probation period, you may request the Court to terminate probation early. Then, you will be able to file for the expungement. If you did not successfully complete your probation, you may still convince the Court to grant your Petition. I have had many cases when my client did not technically "qualify" for the granting of the expungement, but I was able to convince the Judge to grant the requested relief despite some technical difficulties. Where do I file the Petition? And the cost? The Petition is filed in the County in which the conviction occurred. The statutory fee for filing of the Petition is $120.00 but this may be waived in some circumstances. Should I hire an Attorney? Absolutely. Your case may be easy or there may be technical difficulties. There are one or two page forms that you may use if you want to cut costs. However, you usually get only one chance at this and you had better take your best shot. I do not use forms and I tailor my Petitions for each individual client. I have had Judges comment that they would not have granted the petition except for the work that I did on behalf of my client. |
 |
|||||||
 
|
|
 |
|||||
    |
|||||||
