My son has a felony marijuana conviction and recently got a DUI. Can he get the felony expunged?
He received probation for the felony and did community service and a drug class. He was almost finished with probation when he received the DUI. His probation has been frozen. What are his chances for NC expungement? ...
He received probation for the felony and did community service and a drug class. He was almost finished with probation when he received the DUI. His probation has been frozen. What are his chances for NC expungement?
No chance.
Zero, nada, zilch.
He did not stay out of trouble. That is expected when you are on probation.
zero
you have to wait 7 years and have no further convictions
he didnt finish his punishment before he got in trouble again and not any trouble drug troubles
alcohol is a drug
get the kid into rehab
no—a felony is a felony and the Dui is obviously a violation of his probation……be sure to put money on his books at the jail when he is taken into custody.
Thanks for your question.
The answer is, at least according to California law, not very good. Under California law (Penal Code ยง1203.4), a case can be expunged if all the terms of the sentence are completed, and if there are no other pending cases or other convictions. Here, you have a pending case.
However, the law allows the judge to make a finding of "good cause", which is legalese for a good reason, if you bring an expungement motion. So, the expungement may not be automatic, but can still be granted.
Thanks again, and all the best to you.