Can I get my record expunged if I am still on probation?

Generally, no. However, people seeking an expungement based on being a firefighter can have their probation, parole, or supervised release terminated early if the judge determines the person has not violated the terms of supervision.

 

Other people can file a petition (request) with the court to ask for your probation to end early. Judges often do not want to end probation early unless there is a really good reason, especially if less than half of the probation sentence has been completed.

 

A 2021 law (AB 1950) shortened some probation terms. Under AB 1950, probation should only last one year for misdemeanor convictions and two years for felony convictions. There are exceptions that allow for a longer probation period. If you served more time on your current probation sentence than the time allowed by AB 1950, the law might have ended your probation. You may want to check with your probation officer or an attorney (especially if your probation officer says you are still on probation).

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