Tooby's California Post-Conviction Relief for Immigrants



 
 

§ 9.24 6. Timing of the Motion

 
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In many cases, the immigration considerations may require speedy relief.  Relief under Penal Code § 17 may often be obtained more quickly than an expungement, i.e., in some cases even before completion of probation.  Persons sentenced to probation with imposition of sentence suspended generally are not eligible for an expungement until probation has terminated, whereas a person may apply for a reduction to a misdemeanor at the time probation is granted, or at any time thereafter, even if s/he is still on probation.

 

            There is no obligation to pursue this relief with due diligence, and no deadline within which this motion must be filed.

 

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