I would like to expunge a misdemeanor petty theft which included 1 yr bench probation however I got a DUI conviction 8 months later.

QUESTION:

Both circumstances involved alcohol and I enrolled myself in a program in march and I now go to AA. Both circumstances also came into play after I was prescribed various psych meds for an incorrect diagnosis. Now I take no meds and feel like my old self again. I was in a very abusive relationship and ptsd and fear of reaching out for help kept me from opening up to drs so they just assumed I was bipolar. I just got a DVRO against him. I have 24 years of mortgage banking and need to work but banks are reluctant to hire me with the petty theft. I didn’t steal anything and tried to fight it but gave up when they offered a plea which seemed doable. Big mistake.

ANSWER:

You’ll need to finish your current grant of probation before you can expunge either conviction. DUI probations tend to be three years. If you go eighteen months without any violation, do the classes and pay all the fines and fees, you would be a good candidate to terminate your probation early.

You’re entitled to a 1203.4 dismissal on any grant of probation you complete without a violation, but in SLO county, eligible misdemeanor probations that are not terminated unsuccessfully are virtually always dismissed, even with a violation.

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