June 14, 2011
By Nicolas Babinsky There are various requirements that have to be met in order for a person to be eligible to seal or expunge. One of those requirements is that the person can’t be under court supervision. There are various types of court supervision. For example, house arrest, work release, community control, and probation.
You will have to wait until you finish probation before you will be eligible to seal your case. It is extremely important that you do not violate probation. If you violate probation and you are found guilty of a violation of probation the court may take away your withhold of adjudication, enter a judgment of guilt and you will then lose your eligibility to seal your case.
EARLY TERMINATION OF PROBATION
If you are doing well on probation and have met all or most of your conditions of probation you may be eligible to an early termination of probation. You must file a motion with the court requesting early termination of probation and state the reasons as to why you believe probation should be terminated early. Your probation officer will likely appear in court and give his or her recommendation as to whether probation should be terminated early or not. Therefore, having a good relationship with your probation officer is very important from the beginning. Probation officers have a lot of work and if make their lives easier they appreciate it and likely help you in your quest to terminate your probation early. If you are a problem probationer (don't report on time, don't return calls, don't follow the rules) not only will they not recommend early termination, but you are also risking your probation officer filing a notice of violation with the court. Probation is not a joke. If you violate, not only can you lose your right to seal your case, you can also be sent to jail or prison.
The good news is If the court grants you an early termination of probation then you can begin the sealing of your case immediately.