EXPUNGEMENT

 

 

      Defendants placed on probation who have fulfilled the conditions of probation for the entire term of probation can move to expunge any conviction that resulted in their probationary sentence provided they are not serving a sentence for another offense, are not on probation for a different offense, and are not charged with the commission of a new offense. If expungement is granted, the court sets aside any guilty or no contest plea or verdict of guilt in the action and, with few exceptions, the defendant is deemed "released from all penalties and disabilities resulting from the offense of which they have been convicted."  Provided a defendant's eligibility is not at issue, the court must grant a motion for expungement. Even when eligibility requirements have not been met, the court "in its discretion and the interest of justice" can decide that the relief sought by the defendant should be granted. In contested cases, presenting a compelling argument to the court that expungement will play an essential rule in the rehabilitation of the defendant is critical to achieving expungement.  a favorable outcome.