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Can I get my probation terminated and Wet Reckless expunged at the same time?
Anonymous4 views6 answers
I have 3 years probation for a Wet Reckless charge. This charge is preventing me from entering Canada to visit my two young children. I have always spent time in both Los Angeles and Vancouver BC in 4 month increments. I have read that you can get this charged expunged after you complete your probation. I have also read that you can get your probation terminated early. I have completed all the classes and paid all the fines. Now i would like to put this behind me to be with my kids.
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
Yes, you can do both at once. However, it is unlikely that a dismissal under PC 1203.4 will have any affect on your admissibility to Canada. There are ways of getting into Canada with convictions. You have to jump through some hoops, though. You can apply for a temporary permit, even with a wet reckless. Contact the Canadian authorities for more information on this.
Not being with your kids and proof that Canada is not allowing you in the country may enable you to get your probation terminated early and the charges dismissed. However, you need to consult with an attorney to see if you are even nearly qualified to have your probation terminated.
Feel free to ask me any questions.
Elliot Zarabi
www.FreeCriminalConsultation.com
213-612-7720
Canada will still require you to get special permission to enter the country with a DUI conviction, expunged or not. Contact them immediately to see what you have to do to enter the country having plead to a wet reckless.
I don't think an expungement would help you. You have to understand, a wet reckless does not prevent you from going to Canada. What prevents you is the DMV Admin Per Se Hearing that you either did not request or lost. That record is considered "civil" and cannot be removed, and I think that's what Canada sees that's preventing you from entering.
The easy answer is yes, you can terminate your probation early and have the charge expunged. That may still not totally help with getting into Canada, however. I represent many athletes and entertainers who have had the same problem and have teamed up with an attorney in Canada to get special visas to allow you to enter. As far as the Motion to Terminate, the success depends upon which jurisdiction you are in. For instance, the Los Angeles City Attorney opposes all Motions to Terminate saying that the term of probation was part of the plea agreement. However the District Attorney in Los Angeles has a "collateral consequences" doctrine that allows them to terminate in the interest of justice. Lastly, the expungment is good for filling out job applications, but you must put it down on most Governmental applications.
If your case is in the Los Angeles area, feel free to contact my firm.
