What to do about restitution after my probation has ended?
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What to do about restitution after my probation has ended?
My probation will come to an end in a few days after 3 years. During this time, with 1 monthly exception, I made all my probation and restitution payments. Now I will still have $75,000 outstanding. The county clerk said I may have a civil suit brought against me and liens made against income and assets. My original plea was “nolo contendere” which I thought prevented civil action. What are my rights and obligations going forward as to clearing my record and making restitution arrangements?
Asked on January 31, 2012 under Criminal Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there was an order of restitution stemming from your criminal conviction, that restitution order is a valid order regardless of your nolo contndere plea. Its purpose was to preclude claim adjudication against you in a civil suit stemming from the criminal action.
As to possibly having your record expunged concerning the conviction that you are writing about, you need to consult with a criminal defense attorney that files matters to expunge convictions.
The restitution order controls the monthly payments you are obligated upon assuming the order is that specific.
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