When K.M. contacted Rogers | Beltran LLP for an expungement, he was in the process of applying for a job he really wanted, a licensed job in the health care industry. Approximately 2 years prior, K.M. had been arrested in Los Angeles County for driving under the influence of alcohol and ultimately took a plea to violating Vehicle Code section 23152(b), driving with a blood alcohol level of .08% or higher.
People v. K.M.
Client gets probation terminated early and case dismissed, helping him land job in healthcare industry.
Challenge
As part of his plea agreement, K.M. agreed to complete a 6-month alcohol program and was placed on 3-years of summary, informal probation. Because K.M. had only completed approximately 2 years of his 3-year probation, he was not eligible for an expungement until he was off probation. Therefore, the only hope that K.M. had to get an expungement and obtain his desired job was to retain our firm to file a motion to try to terminate his probation early and simultaneously expunge his conviction.
Solution
Our firm got right to work and prepared a motion to terminate K.M.’s probation early under Penal Code section 1203.3 and to expunge his conviction pursuant to Penal Code section 1203.4. In the motion, we argued that K.M. was a good candidate for early termination of his probation because he had already completed all of the conditions of his probation, including a 6-month DUI program, and that he had completed approximately 2/3 of his 3-year probation period. We also argued that K.M. needed the expungement in order to get the licensed healthcare job he had applied for and that an expungement would allow him to move on with his life and have a fresh start.
Results
Over the objection of the assistant district attorney, the judge granted the motion and dismissed the case. K.M. was very grateful that his case was expunged and that he could now get that healthcare job he was seeking. To show his gratitude, he authored a testimonial about his experience with the firm (see below).
K.M. Testimonial:
“Andy Beltran recently defended me in court presenting a request for my DUI-related probation to be dismissed at the 2 year mark instead of the court mandated 3 year mark. His presentation and documentation was so organized and well prepared that the courtroom judge not only agreed to dismiss my probation and expunge my case, he stated that there was nothing left to be said because of how well Mr. Beltran advocated for my case. I am grateful and relieved that my case was expunged and I am now able to return to my career path with a clean record. I definitely recommend Andy to defend your case!”
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