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If I Violated My Probation, Can I Get an Expungement?

Posted by Thomas "Doug" Allen | Oct 03, 2019 | 0 Comments

Previously, courts generally automatically denied expungement in a case where a probation violation occurred. However, since People v. McLernon, 174 Cal. App. 4Th 569 (2009), courts must now consider all facts, including post probation conduct by a person seeking expungement:

“Indeed, the amendment was requested by the attorney for a defendant who, after a probation violation, completed his probation with no further violations, raised his child alone, and then went to college, worked without pay for the State Parole Board, and was trying to become a social worker. Although the trial court in his case expressed a desire to grant relief under section 1203.4, it concluded it could not do so because of the defendant's ... violation. The amendment to section 1203.4 was designed to give courts the ability to grant relief in these circumstances. Thus, in determining whether to grant relief under the discretionary provision, the trial court may consider any relevant information, including the defendant's post-probation conduct.”

This means that even if you violated your probation (unless you were sent to state prison as a result of the violation), you may still be able to expunge your case. Each case is different and depends upon the facts, and the Judge still has discretion to deny the expungement, but we have been very successful in getting positive results in many cases with probation violations.

About the Author

Thomas "Doug" Allen

Doug has practiced law in California for the past 25 years, and has represented clients charged with offenses ranging from possession of an open container of alcohol to first degree murder. He has extensive courtroom and trial experience and has personally litigated more than 3500 expungement cases all over the state of California.

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We are a small firm that emphasizes personal attention, not a high volume of cases. Our fees are reasonable and competitive; you usually do not need to appear in court. Call 800 495 2819 or contact us through our site for a FREE Attorney consultation. We ONLY practice California Expungement Law, and have handled more than 4000 California expungement cases over the past 25 years.

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