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advice regarding early release of probation and expungement

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daysassailors

Junior Member
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!
 


stephenk

Senior Member
when were you convicted?

Yes you must complete your probation before you even consider expunging your record.
 

racer72

Senior Member
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.
 

SIN EATER

Member
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.
 
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daysassailors

Junior Member
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!
 

CdwJava

Senior Member
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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