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  #1  
Old 10-18-2008, 11:28 PM
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advice regarding early release of probation and expungement


What is the name of your state (only U.S. law)? California.

I was convicted of shoplifting.
I pleaded guilty.
I was sentenced to: "CONDITIONAL/REVOCABLE RELEASE 3 YEARS; 1 DY B&R ONLY; 50 HRS W/P; SRCH FOR STLN PROP; DNE JC PENNYS; FINES/FEES."
I completed my community service.

My first question is: What does "conditional/revocable release 3 years" mean?
My second question: How do I go about removing this from my record?

I found a petition for expungement online, but it says that you have to have completed your probation first.
So, do I have to complete my probation before I can apply for expungement? And if so, is there a way to file for early release from probation and THEN apply for expungement?

My record, other than this and an infraction for not appearing in court, is COMPLETELY clear. I have NEVER gotten in trouble as a minor or adult EVER.

Thanks!
  #2  
Old 10-21-2008, 02:18 AM
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Location: california
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when were you convicted?

Yes you must complete your probation before you even consider expunging your record.
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  #3  
Old 10-22-2008, 09:44 PM
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i was convicted in august. how do i get off probation early?
  #4  
Old 10-22-2008, 11:20 PM
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Quote:
Originally Posted by daysassailors View Post
i was convicted in august. how do i get off probation early?
Ask the judge that sentenced you. The odds of this happening is slim and none and slim is on his way out of town. Without a very compelling reason, the judge will have no reason to reduce your sentence. Don't ask how long it will take before an expungement could be granted.
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  #5  
Old 10-23-2008, 12:30 AM
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Quote:
Originally Posted by daysassailors View Post
What is the name of your state (only U.S. law)? California.

I was convicted of shoplifting.
I pleaded guilty.
I was sentenced to: "CONDITIONAL/REVOCABLE RELEASE 3 YEARS; 1 DY B&R ONLY; 50 HRS W/P; SRCH FOR STLN PROP; DNE JC PENNYS; FINES/FEES."
I completed my community service.

My first question is: What does "conditional/revocable release 3 years" mean?
My second question: How do I go about removing this from my record?

I found a petition for expungement online, but it says that you have to have completed your probation first.
So, do I have to complete my probation before I can apply for expungement? And if so, is there a way to file for early release from probation and THEN apply for expungement?

My record, other than this and an infraction for not appearing in court, is COMPLETELY clear. I have NEVER gotten in trouble as a minor or adult EVER.

Thanks!
That's three years of unsupervised probation, one day credit county jail - book and release only (that makes it a priorable crime of theft - the next offense can be a felony), 50 hours work program, cops have a right to search you for stolen property, do not enter Penneys, pay court fines and fees.

No sane judge would terminate probation after two months. Possibly after 1/2 the probation time is served with no negative contact with law enforcement, s/he may terminate the probation. The Prosecutor can still use this conviction as an enhancement if you reoffend.

Last edited by SIN EATER; 10-23-2008 at 12:33 AM.
  #6  
Old 02-15-2009, 08:09 PM
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Posts: 8

okay


so after a year and a half has passed (half the time of my probation), i would have a better chance of being released from probation early?
if so, how exactly do i go about that? do i write the judge a letter?
thanks!
  #7  
Old 02-15-2009, 10:20 PM
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Quote:
Originally Posted by daysassailors View Post
so after a year and a half has passed (half the time of my probation), i would have a better chance of being released from probation early?
if so, how exactly do i go about that? do i write the judge a letter?
thanks!
No. You speak first to your probation officer. Then, if necessary, you hire legal counsel to go back before a judge and see if he shall see his way clear to release you from probation early.

- Carl
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  #8  
Old 06-10-2009, 04:14 PM
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thanks for your advice! i don't have a probation officer, though...
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