Expert: Robin Sexton - 9/12/2009

Question
my son was charged with a wobbler and he went to his classes for anger mgt and now he is on probation for 3 years. Is this a felony and can hehave it exspunged before he has finished his probation time we live in the Los Angeles area

Answer
Shannon,

Just goes to show you lean something new everyday.  I had never heard of a wobbler offense before so i had to research it.  Not a term used in my jurisdiction.  Basically it is a crime that can be charged as either a misdemeanor or a felony.  Based on your question it appears that he may have been handled as a misdemeanor.  Normally charges can not be expunged prior to the termination of probation.  Also each state has differing laws as to expungement.  You need to do the following.  You need to locate in the court record or through the probation dept the exact sentencing decision.  You may need to have an attorney or someone familiar with criminal law ( probation officer) explain exactly what the crime was your son was sentenced to and under what provisions and if there is any deferment ?  Then based on that information you can determine if and when your son may be eligible to file for a expungement.  The sentencing information is vital to that decision.

Hope this helps

good luck

robin