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how long do you have to wait to expunge your case well that depends if youamp;#39;re still on probation you must wait until your probationary period ends in order to file a penal code 1203.4 motion also known as an expungement if youamp;#39;re still on probation youamp;#39;re not out of luck yet you can also file a penal code 1203.3 motion which is an early termination of probation that allows you to essentially get your probation ended early and once itamp;#39;s over you can immediately file for an expunge event