Can I get an expungment while still owing restitution? 8 Answers as of August 25, 2011

I have a felony theft conviction, I was told it was also a wobbler. My probation was completed in 2007 even though I still owed restitution. I have been making monthly payments on my restitution since 2005, I still have a large amount still owing. Is it possible to get the conviction expunged?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
In order to have a case expunged you need to have all your obligations paid off. You need to pay the restitution off before you can get the case expunged.
Answer Applies to: California
Replied: 8/25/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If you are no longer on probation, you can seek an expungement. I am not clear on the legal basis under which you are making restitution payments still if you are not probation.
Answer Applies to: California
Replied: 8/23/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
No, you have to have successfully completed probation, and as long as you owe restitution you haven't.
Answer Applies to: California
Replied: 8/22/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Probably not. A Judge is not likely to grant an expungement if restitution is still owing. Holding the granting of an expungement over your head gives you an incentive to pay off your restitution.
Answer Applies to: California
Replied: 8/22/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No, probably. Many convictions can be 'expunged', but only if there was no felony prison time sentenced, and if it was not for certain listed Sexual crimes against minors, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Expungement does NOT clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on applications for government and professional employment and licensing, bonding, security clearance, etc. I doubt the court would expunge yours, because you have not fulfilled all terms of sentencing.
Answer Applies to: California
Replied: 8/22/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No. Full payment of restitution is a condition of your successful completion of probation. You might even have a warrant out for your arrest if the payment is late.
    Answer Applies to: California
    Replied: 8/22/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    The court will not likely grant an expungement if you still owe restitution.
    Answer Applies to: California
    Replied: 8/22/2011
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    Unfortunately, you do not qualify for an expungement of your felony theft conviction if you still owe restitution. However, you may want to request that your felony "wobbler" be reduced to a misdemeanor. Your conviction can be expunged if you: 1) Have complied with all the terms of probation; 2) Are not now on probation or serving a sentence for any offense; and 3) Are not now charged with committing any offense. Payment of restitution is a "term of probation" that needs to be satisfied.
    Answer Applies to: California
    Replied: 8/22/2011
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