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Early Termination of Probation, Expungement, DUI, Torrance
In early January 2020, our client, then 24 years old, was arrested in Hermosa Beach on suspicion of driving while under the influence of alcohol. His blood alcohol content was measured at 0.15%. There was no car accident. He was allegedly observed speeding down a residential street at just past 2:15 a.m.
A criminal case against him for DUI was filed and at the second appearance in July 2020, our client entered into a plea bargain to a violation of Vehicle Code § 23152(b). At that time, he was represented by the public defender.
The terms of the plea bargain were that our client was placed on three years of summary (informal) probation on the following terms and conditions: payment of a court fine of $390, plus penalties and assessments ($1,439); enrollment in and completion of the AB541 alcohol awareness program (39 hours in Los Angeles County); payment of the City of Hermosa Beach booking fee of $369 and attendance at the MADD Victim Impact Program.
Our client completed all terms and conditions of his probation except the passage of seven more months of summary probation when he called Greg Hill & Associates to ask about early termination of probation and expungement.
Our client was keen to end his probation early and have the conviction expunged so he could be promoted to a manager at Domino’s Pizza, where he worked as a delivery driver and in the store.
The client explained the underlying facts of the case and how he completed the three-month AB 541 program three months after being ordered to enroll in and complete the program. He completed the MADD victim impact panel before the court-ordered deadline. He paid the booking fee and the court fees before the court-ordered deadline. In other words, the client made completion of his court-ordered obligations his top priority.
Due to pressing employment concerns, he requested an end to his summary probation now.
Greg explained that a judge did have the discretion under Penal Code § 1203.3 to modify the terms of probation, including to terminate probation.
Greg also explained that once probation was ended, the client could immediately request expungement of the conviction.
Greg further explained that expungement did not erase or delete the record of the case having been filed, but it was a court order that the last plea in the case be changed from guilty or no contest back to not guilty and dismissed the case.
More importantly, relief under Penal Code § 1203.4(a) (“Expungement”) permitted defendant the right to lawfully state (with certain exceptions) that he had not been convicted of the offense dismissed under this code section. This would have significant benefits to the client while working at Domino’s.
The client then retained Greg Hill & Associates to prepare, file and serve the motion for modification of probation to end it. The motion explained the facts of the underlying case briefly, the terms of probation and our client’s earnest efforts to quickly complete the terms of probation.
The motion then explained that California Penal Code § 1203.3, subdivision (a) provides that “[t]he court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence.” See e.g., People v. Allen (1975) 46 Cal.App.3d 583, 588.
The motion stated that this authority can be exercised well before the term of probation ends. For example, in People v. Reyna Killion (4th App. Dist., 2018) 24 Cal.App.5th 927, the Fourth Appellate District held that a judge may terminate summary probation in a felony domestic violence case after just one year of probation. Penal Code § 1203.3(a) applies to allow termination of probation “at any time” upon the showing of good cause.
Our office then explained why good cause existed in this case because of our was unable to be promoted at Domino’s while on probation.
We filed the motion at the Torrance Superior Court and served it upon the Redondo Beach City Prosecutor’s Office (which handled such DUI’s in Hermosa Beach).
A criminal case against him for DUI was filed and at the second appearance in July 2020, our client entered into a plea bargain to a violation of Vehicle Code § 23152(b). At that time, he was represented by the public defender.
The terms of the plea bargain were that our client was placed on three years of summary (informal) probation on the following terms and conditions: payment of a court fine of $390, plus penalties and assessments ($1,439); enrollment in and completion of the AB541 alcohol awareness program (39 hours in Los Angeles County); payment of the City of Hermosa Beach booking fee of $369 and attendance at the MADD Victim Impact Program.
Our client completed all terms and conditions of his probation except the passage of seven more months of summary probation when he called Greg Hill & Associates to ask about early termination of probation and expungement.
Our client was keen to end his probation early and have the conviction expunged so he could be promoted to a manager at Domino’s Pizza, where he worked as a delivery driver and in the store.
The client explained the underlying facts of the case and how he completed the three-month AB 541 program three months after being ordered to enroll in and complete the program. He completed the MADD victim impact panel before the court-ordered deadline. He paid the booking fee and the court fees before the court-ordered deadline. In other words, the client made completion of his court-ordered obligations his top priority.
Due to pressing employment concerns, he requested an end to his summary probation now.
Greg explained that a judge did have the discretion under Penal Code § 1203.3 to modify the terms of probation, including to terminate probation.
Greg also explained that once probation was ended, the client could immediately request expungement of the conviction.
Greg further explained that expungement did not erase or delete the record of the case having been filed, but it was a court order that the last plea in the case be changed from guilty or no contest back to not guilty and dismissed the case.
More importantly, relief under Penal Code § 1203.4(a) (“Expungement”) permitted defendant the right to lawfully state (with certain exceptions) that he had not been convicted of the offense dismissed under this code section. This would have significant benefits to the client while working at Domino’s.
The client then retained Greg Hill & Associates to prepare, file and serve the motion for modification of probation to end it. The motion explained the facts of the underlying case briefly, the terms of probation and our client’s earnest efforts to quickly complete the terms of probation.
The motion then explained that California Penal Code § 1203.3, subdivision (a) provides that “[t]he court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence.” See e.g., People v. Allen (1975) 46 Cal.App.3d 583, 588.
The motion stated that this authority can be exercised well before the term of probation ends. For example, in People v. Reyna Killion (4th App. Dist., 2018) 24 Cal.App.5th 927, the Fourth Appellate District held that a judge may terminate summary probation in a felony domestic violence case after just one year of probation. Penal Code § 1203.3(a) applies to allow termination of probation “at any time” upon the showing of good cause.
Our office then explained why good cause existed in this case because of our was unable to be promoted at Domino’s while on probation.
We filed the motion at the Torrance Superior Court and served it upon the Redondo Beach City Prosecutor’s Office (which handled such DUI’s in Hermosa Beach).
At the hearing for the motion for early termination of motion, the judge granted the motion. Our office then filed the petition for dismissal of the case (“expungement”), which was also granted. Our client was very happy.
For more information about expungement, please click on the following articles:
