Expungements & Early Termination of Probation

The court, in its discretion, can order the early termination of probation in a misdemeanor or felony case. The court can do this at any time during the probationary period. The procedure is outlined in California Penal Code 1203.3.

The criminal defense and expungement lawyers of our firm assist clients in seeking early termination of probation. In such a case, we (1) draft a motion asking for early termination of probation, (2) place the matter on the court’s calendar, (3) speak to the prosecutor in an attempt to gather his/her support, and (4) argue the matter before the judge. The prosecutor must receive advance written notice, and has an opportunity to state any objections on the record.

How Soon Can I Request Early Termination of Probation?

In theory, the petition for early termination can be made any time after probation is imposed. But in reality, a court typically will want the defendant to serve at least the first year of misdemeanor probation, and at least the first 18 months of felony probation, before even considering early termination.

In a misdemeanor case, California courts can impose probation of one to five years. This is “unsupervised probation” meaning you don’t have to report to a probation officer. Felony probation does involve reporting to a probation officer, and usually is imposed for three up to five years.

How Does The Court Decide Whether to Grant Early Termination of Probation?

The court will weigh and consider all the circumstances of the case. These include:

• How serious was the conduct leading to the conviction?


• Has the person completed all the terms and conditions of probation?


• What is the extent (or lack) of the person’s additional criminal record?


• Is the probation preventing the person from gaining employment or other benefits?


• What is the prosecutor’s position on the matter?

If The Court Grants Early Termination of Probation, Can I Get The Case Expunged?

Yes. You are entitled to petition for expungement of the case once probation is completed. When our California expungement lawyers petition for early termination of probation for a client, we usually seek an expungement at the same time. If the early termination is granted, the court will typically expunge the conviction as part of the same preceding.

What Are The Benefits of an Early Termination of Probation?

Aside from being able to expunge your criminal record sooner, an early termination of probation relieves you from the danger of a probation violation. If you are accused of violating any (criminal) law while on active probation, the court can send you to jail on the probationary offense (even if you are not convicted of the new offense).

There is no right to a jury trial for a probation violation in California; a judge decides. And the standard of proof is a mere “preponderance of the evidence,” not the higher standard of “beyond a reasonable doubt.” It’s always better to be off probation.

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