Administration

Probation is a sanction that’s been ordered by the court system. After an adult offender is convicted of a crime, the Court can suspend the sentence and place the offender on probation to the Court or on formal probation. If summary probation is ordered, the defendant does not report to a Probation Officer. If formal probation is ordered, the Probation Department will monitor the defendant’s compliance with the Court’s orders. The Court can order the defendant to serve up to a year in county jail as a condition of probation. While on probation the offender must obey all laws and follow the specific orders issued by the Court.

A "suspended sentence" is one that's imposed but not carried out. If a probationer does not violate their terms of probation, then they will not have to serve the prison sentence. The Court often give first time offender’s suspended sentences as an incentive for keeping out of trouble. It also frees up scarce jail space for more serious offenders. At the end of the suspension period, the judge may lift the sentence if there haven't been violations of probation. If a probationer has re-offended during their suspension (probation) period, they will likely be sent to prison to serve the original sentence.

Generally, yes. If you've done everything you were required to do when you were sentenced to probation, including paying all restitution, fines and fees ordered, the deputy probation officer may be able to file a petition for an early release from probation.

Probation refers to adult offenders whom courts place on supervision in the community through a probation agency, generally in lieu of incarceration. Probationers can have a number of different supervision statuses including active supervision, which means they are required to regularly report to a probation authority in person, by mail, or by telephone. Other supervision statuses include probationers who only have financial conditions remaining, have absconded, or who have active warrants. In many instances, while on probation, offenders are required to fulfill certain conditions of their supervision (e.g., payment of fines, fees or court costs, participation in treatment programs) and adhere to specific rules of conduct while in the community. Failure to comply with any conditions can result in incarceration.

Parole refers to criminal offenders who are conditionally released from prison to serve the remaining portion of their sentence in the community. Prisoners may be released to parole either by a parole board decision (discretionary release/discretionary parole) or according to provisions of a statute (mandatory release/mandatory parole). This definition of parole is not restricted to only prisoners who are released through a parole board decision, but also includes prisoners who are released based on provisions of a statute. Parolees can have a number of different supervision statuses including active supervision. Other supervision statues include parolees who only have financial conditions remaining, have absconded, or who have active warrants. Parolees are also typically required to fulfill certain conditions and adhere to specific rules of conduct while in the community. Failure to comply with any of the conditions can result in a return to incarceration.

The Probation Department has many types of supervision programs to monitor a defendant’s conduct. For example, if he/she has a drug problem, the defendant could be referred to local or out of county live-in rehabilitation programs. Whatever the type of supervision, the defendant is expected to abide by the conditions of probation that were set out by the Court. The frequency and method of Probation Officer contact with probationers depends on the seriousness of the offenses committed. If the defendant does not comply with probation conditions, his/her probation can be revoked and he/she can be sentenced to prison to serve the prison term that was suspended or stayed earlier. In addition to special supervision programs, there are special programs (conditions of probation) offered such as Work Furlough. These programs allow consequences for the defendant other than jail custody.

Even with an Expungement, you will not be allowed to own or possess a firearm until you would otherwise be able to do so. Your dismissed conviction can still be used to increase your punishment in future criminal cases, if the offense is "priorable"- such as a DUI or theft offense. An expungement will not relieve you of your duty to register as a sex offender.

No. An expungement changes and updates the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code. This means the Court file, the California Department of Justice, and the FBI update their files to show the case has been ordered dismissed by the Court.

Expungement law (Penal Code Section 1203.4) provides in part:

"[Petitioner shall]...be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided..."