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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Who Is Eligible To File For An Expungement?

If a person served time in a state prison and was on probation at the time of filing for an expungement, then they would not be eligible to receive expungement. However, if a person was on probation and never served a state-prison sentence, then they could petition for early termination of that probation under section 1203.3 of the penal code. If a judge were to grant a request in the interest of justice, a person would be able to request dismissal under 1203.4, so long as they had dealt with and met all conditions of probation. So, if they were ordered to attend a DUI school, anger management, or a one-year domestic violence batterer’s treatment program, then they would have had to complete that requirement prior to petitioning. After 12 months on probation, a person is eligible to petition for early termination. Crimes resulting in state prison sentences and some sex crimes are ineligible for expungement.

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