Does probation begin after the date of the arrest or the date of the conviction? 15 Answers as of February 24, 2012

I was arrested for DUI on Dec 2010 and was convicted on June 2011 in California. I want to eventually expunge my DUI and have been counting the months until I can do this. I am not sure if I should start from the date of the arrest or after the actual conviction. Thank you

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LynchLaw
LynchLaw | Michael Thomas Lynch
Technically, neither. Probation begins to run at the time of sentencing. While conviction and sentencing may be the same date, it can often follow the conviction by a significant time. For a DUI typically the conviction date and the sentencing date are the same.
Answer Applies to: California
Replied: 5/4/2011
Law Office of Evan E. Zelig
Law Office of Evan E. Zelig | Evan E. Zelig
Your probation generally begins on the date of Sentencing, when the conviction is considered a final judgment. It does not begin at the date of arrest or your entry of plea, but rather when you are sentenced by the Judge.
Answer Applies to: California
Replied: 5/4/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Probation starts the day the Judge pronounces sentence. It is three years but can be shortened for good cause. For more info or a fee quote, call.
Answer Applies to: California
Replied: 5/3/2011
The Law Office of Stacey Wolcott
The Law Office of Stacey Wolcott | Stacey Wolcott
Probation will beginning on the date of your conviction and sentencing. Usually on a DUI those dates are the same.
Answer Applies to: California
Replied: 5/3/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Date of conviction.
Answer Applies to: California
Replied: 5/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should start from Date of conviction.
    Answer Applies to: California
    Replied: 5/2/2011
    The Law Offices of Michael S. Berg
    The Law Offices of Michael S. Berg | Michael Berg
    Your probationary period begins immediately after you have been sentenced. Good luck.
    Answer Applies to: California
    Replied: 5/2/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You count court(non-reporting) probation from the date of conviction BUT you cannot expunge a DUI.
    Answer Applies to: California
    Replied: 5/2/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    From sentencing after conviction. Many convictions including DUI can sometimes be 'expunged' from criminal records by proper application and Petition to the court, if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'.

    When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 5/2/2011
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