A person that is currently on probation, is not eligible for an expungement pursuant to California Penal Code § 1203.4. However, that does not mean that there is no hope. Under California Penal Code § 1203.3, you can petition the court for an early termination of probation. When requesting an early termination of probation from the court, an expungement is generally requested at the same time. The Judge could deny the motion and the expungement, or could grant the termination of probation, but deny the expungement, or could grant both the early termination of probation and expungement. It is important to hire an experienced attorney to handle this type of motion because the Judge has a lot of discretion on how to decide.
It is crucial to properly submit a well-prepared formal motion, along with a declaration, and character reference letters. Also, a hearing will be held in regard to the motion, and is calendared by the court. The court will be looking to see what the urgent reason for relief is, as well as the rehabilitation and good conduct of the petitioner. Petitioning for this relief less than half way through the probation period, commonly results in a denial because it is still untimely at that point. An experienced attorney can truly help advise you on this type of relief, and discuss the various facets of this type of case.
Unlike expungements, prosecutors tend to object to this motion whenever it is filed. This is a major reason why you need an attorney with a proven track record of success handling your motion. Your attorney will argue on your behalf, and will be responsible for conveying your need for this relief. Having the right attorney can make or break your chances of getting this motion granted. The Law Office of Ben Mironer has been particularly successful in getting this type of motion granted because we take the time to work with the client to ensure we know there peril, and that we effectively convey it to the court.