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Pomona, Early Termination of DUI Probation, Expungement
In May 2021, our client, then 24 years old, was arrested by the California Highway Patrol, Baldwin Park station, on suspicion of driving while under the influence of alcohol, violating Vehicle Code § 23152(a) and Vehicle Code § 23152(b). There was a car accident and luckily, no one was injured.
A case was then filed in the Pomona Courthouse against him for violating Vehicle Code § 23152(a) and Vehicle Code § 23152(b) in September of the same year. With representation by the public defender’s office, our client then entered into a plea bargain to a violation of Vehicle Code § 23152(b) in January 2022. The Vehicle Code § 23152(a) charge was dismissed.
The terms of the plea bargain were that our client was placed on three years of summary probation on the following terms and conditions: payment of a court fine of $390, plus penalties and assessments (total of $1,690); enrollment in and completion of the AB 541 program; pay restitution to the victims, perform five days of community service; enroll in and complete the HAM (hospital and morgue) program; and attend the MADD (Mothers Against Drunk Driving) Victim Impact Program.
Our client was an electrical engineer with a degree in this from U.C. Berkeley. He was employed, but at a low salary because of his criminal history (his DUI took place while he was in college).
When our client had completed all terms and conditions of probation except the passage of nine more months of summary probation, he was offered a higher salary at a competitor. He was told he’d have to pass a background check there to be hired. Due to this concern, as well as a desire to become a U.S. citizen (he could not apply while on probation), he contacted Greg Hill & Associates to discuss early termination of probation and expungement.
The client first described the facts of his DUI and then his employment and immigration status to Greg.
Greg explained that he indeed certainly could file a motion for early termination of probation and expungement thereafter, but warned the client that the Pomona Superior Court DA’s and judges were quite tough compared to those in other courthouses.
Nonetheless, Greg explained that given that the client had completed over 27 months of informal probation, he thought the motion would be granted.
The client then hired Greg Hill & Associates and we then prepared, filed and served the motion for early termination of probation. The motion explained our client’s employment and immigration circumstances and how being off probation would help him. Our client was also applying for a master’s program in electrical engineering and knew being on probation would hurt his application.
The motion explained to the judge that under California Penal Code § 1203.3, subdivision (a), “[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. 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 formal 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.
The client’s declaration, explaining his employment situation, as well as his immigration status, addressed “good cause” to terminate probation early.
At the hearing on the motion in the Pomona Superior Court, the DA opposed the motion, arguing that our client’s claim of not being able to pass a background check for better employment and having immigration complications while on probation were “mere speculation.”
Greg had heard such arguments before on other motions. Here, the judge seemed to agree with the DA, which made Greg a bit nervous that the judge would deny the motion. However, after Greg explained that there was no speculation required to know that employers performed background checks before hiring an employee. Likewise, it was well known that an application to renew one’s green card, visa or apply for naturalization would be looked upon with less favor if one is on probation.
The judge agreed and granted the motion, ending our client’s probation early.
Our office quickly followed up with preparing, filing and serving a petition for dismissal under Penal Code § 1203.4 (“expungement”), which the same judge granted.
A case was then filed in the Pomona Courthouse against him for violating Vehicle Code § 23152(a) and Vehicle Code § 23152(b) in September of the same year. With representation by the public defender’s office, our client then entered into a plea bargain to a violation of Vehicle Code § 23152(b) in January 2022. The Vehicle Code § 23152(a) charge was dismissed.
The terms of the plea bargain were that our client was placed on three years of summary probation on the following terms and conditions: payment of a court fine of $390, plus penalties and assessments (total of $1,690); enrollment in and completion of the AB 541 program; pay restitution to the victims, perform five days of community service; enroll in and complete the HAM (hospital and morgue) program; and attend the MADD (Mothers Against Drunk Driving) Victim Impact Program.
Our client was an electrical engineer with a degree in this from U.C. Berkeley. He was employed, but at a low salary because of his criminal history (his DUI took place while he was in college).
When our client had completed all terms and conditions of probation except the passage of nine more months of summary probation, he was offered a higher salary at a competitor. He was told he’d have to pass a background check there to be hired. Due to this concern, as well as a desire to become a U.S. citizen (he could not apply while on probation), he contacted Greg Hill & Associates to discuss early termination of probation and expungement.
The client first described the facts of his DUI and then his employment and immigration status to Greg.
Greg explained that he indeed certainly could file a motion for early termination of probation and expungement thereafter, but warned the client that the Pomona Superior Court DA’s and judges were quite tough compared to those in other courthouses.
Nonetheless, Greg explained that given that the client had completed over 27 months of informal probation, he thought the motion would be granted.
The client then hired Greg Hill & Associates and we then prepared, filed and served the motion for early termination of probation. The motion explained our client’s employment and immigration circumstances and how being off probation would help him. Our client was also applying for a master’s program in electrical engineering and knew being on probation would hurt his application.
The motion explained to the judge that under California Penal Code § 1203.3, subdivision (a), “[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. 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 formal 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.
The client’s declaration, explaining his employment situation, as well as his immigration status, addressed “good cause” to terminate probation early.
At the hearing on the motion in the Pomona Superior Court, the DA opposed the motion, arguing that our client’s claim of not being able to pass a background check for better employment and having immigration complications while on probation were “mere speculation.”
Greg had heard such arguments before on other motions. Here, the judge seemed to agree with the DA, which made Greg a bit nervous that the judge would deny the motion. However, after Greg explained that there was no speculation required to know that employers performed background checks before hiring an employee. Likewise, it was well known that an application to renew one’s green card, visa or apply for naturalization would be looked upon with less favor if one is on probation.
The judge agreed and granted the motion, ending our client’s probation early.
Our office quickly followed up with preparing, filing and serving a petition for dismissal under Penal Code § 1203.4 (“expungement”), which the same judge granted.
Our client was very pleased with these results.
