Expungement Eligibility
Probation Naturally Expires or Terminated by the Court

The first requirement for expungement of criminal records is that the person not be on probation. In order to expunge a criminal conviction, a defendant must have fulfilled the conditions of probation for the entire period of probation, or have been discharged from probation prior to the natural expiration of the probationary term.

Probation may be either formal or informal. Informal probation is also called “summary” probation. Formal probation means that the defendant is supervised by the Probation Department, where the probationer will be responsible for checking in with their Probation Officer every so often and keeping them updated as to their address, workplace, etc.

Informal, or “summary” probation is simply where a defendant (or probationer) is on probation to the court that sentences him or her. The probationer is obligated to advise the court clerk upon a change of address or any violation of probation (such as picking up a new case).

California Penal Code Section 1203.3 gives the court the power to revoke, modify, or change terms of probation. This means that if someone is on probation, but wants or needs to expunge a DUI conviction, they must first get the judge to terminate probation pursuant to this code section. This will require a qualified expungement lawyer to draft a Motion to Terminate Probation, and to have a hearing in front of the judge that imposed the sentence following the plea or conviction to receive a DUI expungement.

If probation is still in force, expungement is not a viable legal remedy. Expungement is only available to persons who have completed the term of probation, or who get the judge to terminate probation early.