On motion of the probationer, the court may modify, reevaluate, or terminate probation. (Penal Code §1203.2.) In a successful termination of probation, the defendant is entitled to have the conviction expunged and the misdemeanor record vacated. (See Penal Code §1203.4.) Although the misdemeanor record is vacated, the fact of violation will remain as a prior offense during the 10-year period for purposes of enhancement if a subsequent violation of Vehicle Code §23152 or §23153 occurs. (See Penal Code §1203.4.)

In California, Expungement is a very important, yet often neglected tool available to a defendant and his or her lawyer. It is important because in some cases, particularly where the defendant is seeking private employment, it offers a fresh start for someone who was suffered a prior conviction. It is often neglected because an Expungement takes place sometime after the case has been resolved, the fines have been paid, the community service has been performed and probation has been completed. In other words, it is simply not on the mind of someone who has just completed all of these other tasks required of him or her.

Typically, someone who has previously been convicted of a crime will only think of Expungement when they are applying for a new job to find out that a background check will be performed. By this time, it is often too late to save the job. Expungement is a process that usually takes longer than the time in which it takes a prospective employer to run the background check on someone they have already decided to hire. Many times, people will call in a panic stating that they need an Expungement tomorrow. This is not possible. Accordingly, it is important to obtain the relief offered by statute as soon as probation has terminated or earlier, if the client wishes to seek early termination of probation (which is possible in some cases).

If you are in need of an expungement, don't wait until the last minute, contact the Orange County, Los Angeles, Riverside, San Bernardino and San Diego criminal defense firm of The Law Offices of Keith J. Bruno. We offer a free face-to-face consultation and can work out a payment plan in most situations.

The Santa Ana, Orange County, California, law offices of Keith J. Bruno represents Californians who have been accused, charged, or arrested for criminal offenses in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.