November 6, 2009, Newsletter Issue #191: Expungement or Relief?
Tip of the Week
Some states have a version of expungement called "relief." This is where an offender who has pleaded guilty may be forgiven by the court after serving a term of probation, or other requirements set by the court, the guilty verdict and subsequent punishments are "set aside" and dismissed by the court.
California expungement laws are governed by this concept, as are other states. Regardless of which state you live in, the requirement for this kind of expungement is strict.
According to California penal code Section 1203.4, the offender must have "fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation." In other words, this kind of DUI or other expungement is available only to those on their absolute best behavior and cooperation with the orders of the court.
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