How old does a case have to be to get it expunged? 20 Answers as of March 22, 2011

How long ago until I can get it taken away?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
When you have completed your probationary period you may make a motion for an expungment pursuant to Penal Code section 1203.4.
Answer Applies to: California
Replied: 3/22/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
You can ASK for an expungement any time. People often try to get their probation terminated early and an expungement if they have a compelling reason. However, this is rarely granted. As a general rule, you should have successfully completed probation. After that, you are free to request the expungement and stand a good chance of getting it.
Answer Applies to: California
Replied: 11/19/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Generally speaking, you can attempt to expunge a case at any point once you have fulfilled the requirements from the conviction as instructed from the Court (ie. paid all your Court fees, finished your Community Service...etc). If you are still on probation, it is possible to petition the Court for early release from probation in order to get the conviction expunged. Call me (free consultation) to discuss your case further.
Answer Applies to: California
Replied: 11/11/2010
Law Office of Michael K. Moore
Law Office of Michael K. Moore | Michael K. Moore
Generally speaking, in order to apply for expungement, you must have successfully completed probation and not be on probation for any other offense or have any pending cases. So, it depends on the length of the probationary period the court ordered in your case, and what your record has been since.
Answer Applies to: California
Replied: 10/30/2010
Wise Law Group
Wise Law Group | Michael J. Wise, Esq
Generally, need to complete probation. However we often file a motion to terminate probation early AND expunge the conviction at the same time about half way through the probationary term.
Answer Applies to: California
Replied: 10/28/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    You have to successfully complete probation.
    Answer Applies to: California
    Replied: 10/28/2010
    The English Law Firm
    The English Law Firm | Robert English
    Generally anytime after you have successfully completed probation.
    Answer Applies to: California
    Replied: 10/28/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you were put on probation, you must successfully complete the probationary term in order to be eligible to file a petition for expungement.
    Answer Applies to: California
    Replied: 10/28/2010
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    We can get almost any case expunged after successful completion of probation,regardless how long it has been. call our office if you have other questions or ne3d representation.
    Answer Applies to: California
    Replied: 10/28/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The general rules and guidelines are:

    Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be expunged by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. It does not matter how old. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not remove the conviction, but merely changes the record to show conviction reversed and dismissed by expungement. If expunged, you would be able to say no to conviction on most private employment applications. However, the conviction is still a prior for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you are serious about doing so, and you think you qualify, feel free to contact me for the legal help you will need.
    Answer Applies to: California
    Replied: 10/28/2010
    Law Offices of Juan Dotson
    Law Offices of Juan Dotson | Juan Dotson
    First, the charge must be eligible for expungement. Check my website under "Expungements" for a complete list of crimes that cannot be expunged. You can expunge a case at any time. However, expungement requests during the probation period are rarely granted absent unusual circumstances. For the most part, most applicants apply immediately after probation is terminated provided they are not on probation in any other jurisdiction.
    Answer Applies to: California
    Replied: 10/28/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    As long as you are off probation you can request to have your record expunged.
    Answer Applies to: California
    Replied: 10/28/2010
    The Pakneshan Firm
    The Pakneshan Firm | Pezhman Pakneshan
    You have to either be off of probation or to request a judge to end your probation early. A motion for an early termination of probation must be filed along with a motion for expungement. Some felony convictions should be reduced to a misdemeanor and then expunged. Please contact my office to discuss this matter further.
    Answer Applies to: California
    Replied: 10/28/2010
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If it is not priorable and not a felony it can be expunged after 3 years.
    Answer Applies to: California
    Replied: 10/28/2010
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    In California, a case can be expunged as soon as you are off probation. If you went to prison, you cannot get an expungement.
    Answer Applies to: California
    Replied: 10/28/2010
    Law Office of William M. Concidine
    Law Office of William M. Concidine | William Concidine
    There is no age limit on getting a case expunged. If you have completed probation on the case and paid off all fines and fees, the court must grant the expungement for certain offenses. However, there are certain offenses that cannot be expunged, so you will want to make sure the crime you are attempting to expunge is not one of those. In addition, If you are still on probation, you will need to file a motion to terminate probation early and then request the expungement. I generally inform clients, the courts will not likely grant an expungement until you have served a portion of your probation maybe half, that is unless you have an argument to make that you need the expungement now in "the interest of justice."

    Very truly yours.
    Answer Applies to: California
    Replied: 10/28/2010
    Law Office of Joseph Galasso
    Law Office of Joseph Galasso | Joseph Galasso
    Once you have successfully completed probation you may apply to have your criminal matter expunged. Thus, time does not really matter but successful completion of probation does.

    If you have any questions please contact me.
    Answer Applies to: California
    Replied: 10/28/2010
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    If it is a misdemeanor case, you can get it expunged once you have completed your probation. Sometimes, you can even get it expunged earlier if you have completed everything you have to do on your probation, but your term of probation has not yet expired. In a felony case, it is a little more complicated.
    Answer Applies to: California
    Replied: 10/28/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Upon successful completion of probation. However, read Penal Code Sec 1203.4. It is pretty useless.
    Answer Applies to: California
    Replied: 10/28/2010
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