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Maverick
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I completed my 3 year probation in May and have no current

Resolved Question:

I completed my 3 year probation in May and have no current pending case/charges against me. I intend to file for a expungement, how should I approach the discussion when facing the judge at my hearing?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Maverick replied 4 years ago.

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

Maverick, Lawyer
Category: Criminal Law
Satisfied Customers: 3431
Experience: Over 13 years expereience as a lawyer and CPA
Maverick and 7 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
With the prior denial, is it likely that a new filing for expungement will also be denied since that decision is in my file? Does it make a difference that I represent myself? I can't afford an attorney and do not qualify for a public defender.
Expert:  Maverick replied 4 years ago.
It depends on whether the denial was done With prejudice or without prejudice. You will have to look at the judge's denial order. If it was done with prejudice, that normally means you cannot refile. The proper thing to do would have been to appeal the judge's denial at the time it was made.

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