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Courts are divided with respect to the impact of a probation violation during the course of probation. Many of the courts will grant the expungement, even if there have been violations along the way, so long as the other criteria are satisfied. There are some courts, however, that view a probation violation as vesting the court with the authority to deny the expungement. The language used at the beginning of CA Penal Code Section 1203.4 appears to make the granting of this relief mandatory; some courts take the position that a probation violation makes that relief discretionary.
The other criteria is set forth in the statute itself: the person seeking expungement must determine that the petitioner is not (a) serving a sentence of any offense, (b) on probation for any offense, or (c) charged with the commission of any offense. If any of these three things are happening, the petition for relief will be summarily denied