FAQ - Early Termination Of Probation
Below are the most frequently asked questions regarding our California early termination of probation service. If you do not see the answer you are looking for, please feel free to contact us.
What is my probability of success?
Although we can not guarantee an particular outcome, our law firm has been triumphant in the majority of of our probation termination cases. The more evidence we can present to the judge that support our claim that you are now a productive member of society that has put their past behind them, the higher our chances of success will be.
What factors does the court consider in determining to grant the petition?
The court looks at your overall criminal history, the amount of time you successfully spent on probation, your age now and at the time of the offense, the seriousness of the underlying offense, your willingness to comply with the other terms of your sentence (i.e., paying fines, attending mandatory classes, completing your community service, etc.), the effect relief would have on your life, the potential benefit to society as whole if the relief is granted, and any other pertinent elements.
How do the background check companies know my record clearing petition was successful?
The signed order by the judge is automatically sent to the Department of Justice (DOJ), wherein your official criminal record will be updated. Every single background check company in the United States utilizes the criminal background information provided by the DOJ. It can take up to 4 weeks for the DOJ database to get updated after your expungement has been granted, and it can take the private background check databases another 2-3 months to update their records after the DOJ has been updated. NOTE: Nothing will change on your record unless you also expunge the underlying conviction(s) once probation is terminated.
How long does it take for my official records to be updated after expungement has been granted?
The court will often update their records within 48 hours. It can take up to 4 weeks for the DOJ database to get updated after your expungement has been granted, and it can take the private background check databases another 2-3 months to update their records after the DOJ has been updated. NOTE: Nothing will change on your record unless you also expunge the underlying conviction(s) once probation is terminated.
How does Fresh Start Law Center find out my case details?
When you sign up online we have a client intake forum, wherein you will provide the details of your case. We will use this information to obtain the specific case information from the court where your conviction transpired. We keep an open line of communication open with you throughout the process.
Does Fresh Start Law Center handle sex related cases?
No, currently we do not handle any expungement cases wherein the underlying conviction was for a sex related offense.
Should I hire a record clearing lawyer or can I do it myself?
The expungement laws in California are complex and convoluted, and the expungement process is a legal process. It is highly recommended that you not only hire and attorney but that you make sure the attorney you are hiring is experienced in California expungement law. A law firm like Fresh Start Law center will (1) make sure your petition and accompanying legal documents are done right the first time, ensuring that your petition does not get rejected which would cost you money (court filing fees, etc.) and months of delay, (2) handle all of the timing of the legal intricacies in the case (e.g., the DA must get 15 days notice of the filing of the petition, etc.), (3) handle any opposition from the DA to your petition, (4) we will send an attorney to argue on your behalf to any mandatory hearings required by the judge (you will not be required to attend), and (5) write letters to potential employers explaining the expungement process. ALL
Do you have payment plans for your services?
We understand that there are different needs and that not everybody can make a full payment initially for our services. We work with our clients to provide payment plans for all of our services. Every service we offer has the option to split the total price up over three monthly payments.
How do I get updates on the status of my case?
When you sign up with Fresh Start Law Center you will be given an online account. You will then be able to login to your account on our website and view the status of your case 24 hours a day, 7 days a week. We will provide any updates on your case as we receive them. Beyond that we are always here to answer any questions you might have, you are always free to write us an email or shoot us a phone call.
How long does the process take from start to finish?
Typcial case will take between 2 - 6 months. We base our time estimate on the typical amount of time a case of this nature is currently taking in the state of California. But, cases can take a shorter or longer amount of time depending on the unique facts of the case. We begin working on your case from the second you sign up with us, and we constantly strive to get the quickest resolution possible.
Can my case be completed faster?
We start working on your case the second you sign up with us, and push very hard to get the necessary paperwork filed with the appropriate agencies. Once we have filed all of the necessary paperwork there is nothing we can do to speed your case along. The fact is that the court handles each case on a first come first serve basis. So the length of your expungement case will depend on how backed up the courts are at the time we file your paperwork.
Will I ever have to go to court?
99% of the time you will not be required to attend any of the court hearings, as we attend them and argue on your behalf. However, in very rare circumstances the judge may request your presence, but even in these rare situations we can file the appropriate motion asking the judge to excuse you from being present.
What are the main reasons my record clearing attempt would get denied?
If our petition is rejected, it is almost always for one of numerous reasons: a mistake within the legal file, a mistake made in the petition, the judge doesn't feel it would be to the benefit of society, violation of a probationary term, or not paying fines or completing all the requirements of your sentence (e.g., mandatory classes, community service, etc.). This is why it is essential to hire an expungement attorney, as they will greatly optimize your chance at a successful expungement.
What if my record clearing case gets denied by the judge?
Should your case be rejected, we will assess the reason for the refusal and identify the optimal course of action given the unique facts of your situation.
