Terminating Informal Probation, Clearing Record

[DHN]

I hope a lawyer can answer this. I was arrested for misdemeanor pettty theft (shop lifting) and was charged a fine and put on 3 years of informal probation. I've paid the fine and served more than a year of the probation (almost 2). I'm in CA, the penal code is 484-488. A police officer once told me that I could have my record cleared and my probation terminated if I proved to the judge that I had changed my ways and stayed on the right side of the law--which I have. My grades and community service are great at the prominent university I go to. The real questions are, how do I go about asking my judge to terminate my probation, is there any likelihood that she will, and will my record be clean and stricken of the offense so that nothing remains if I apply for graduate schools or jobs? If my record is cleared, how would I check the box that asks if I have a criminal record? Can future admissions officers and employers spot this on my record after my probation is over? Thanks.

 

[Moe from MO]

It really depends on the terms of the probation -- was it probation following a conviction or plea of guilty, or was it INSTEAD an automatic conditional discharge after 3 years? And if the latter, it depends on the terms of the questions asked.

If they fingerprinted you, that would turn up if you ever apply for a bank or similar job requiring a fingerprint check.

 

[Attorney_Replogle]

Yes you can get the misdemeanor erased. You can never get the fact of the arrest erased off the police blotter though. Just speak with a criminal defense attorney in your area and he/she can help you with that matter. I personally know two attorneys in that area that can help you. You can speak with either Leland Sterling at (714) 997-9177, or with Doug Kirk at (949) 851-0355. Or you can find others at attorneypages.

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Mark B. Replogle