According to most jurisdictions, the top 5 reasons why a judge may terminate your probation early are that you:
- complied with all the terms of your probation,
- avoided any new arrests or criminal charges,
- paid all fines, fees, court costs, and restitution,
- did not commit any probation violations, and
- would experience a hardship if you continued on probation.
In general, probation is where an offender, facing a possible jail sentence or prison sentence, is released into the community in lieu of incarceration. During your probationary period, you must comply with certain terms and conditions, such as
- obeying all laws,
- going to counseling, and
- paying restitution.
A judge may grant probation in criminal cases involving either misdemeanor or felony offenses.
1. When may a judge grant early termination of your probation?
The top 5 reasons for when a judge might terminate probation early are when you:
- comply with all the terms and conditions of probation: When on probation, you must comply with certain terms and conditions (for example, perform community service, attend alcohol awareness courses following a DUI, and comply with certain gun restrictions following a domestic violence conviction). You might secure probation termination if you complete all of the conditions of your probation ahead of schedule.
- avoid an arrest or new criminal charges: This is similar to acting on good behavior while on probation. A judge may shorten your period of probation if you can show that you have rehabilitated yourself by not breaking the law.
- pay fees and restitution: As a condition of probation, you usually have to pay certain fines, fees, court costs, and/or restitution. If these are the only requirements you have to perform while on probation, a judge could grant you with an early release as soon as you make all payments due.
- avoid a probation violation: This is similar to not breaking the law. If you do not pose a problem to the court or a probation officer, and comply with all of your probation conditions, you could see time off probation.
- might experience a hardship if no early probation termination: Hardships that might qualify for the early termination of a probation sentence include not being able to secure gainful employment because of probation, and the inability to travel.
2. How do you obtain early release from probation?
The criminal laws of most states authorize courts to grant early termination of probation.1
To receive early termination, you typically must file a motion with the court and request it.2 Your motion usually has to include your:
- name,
- case number,
- sentencing date,
- expected termination date of probation, and
- reason for early termination.
In many cases, the judge might hold a hearing. The hearing may involve your criminal defense attorney and the district attorney. At the hearing, you have the opportunity to show that you:
- complied with every term of the probation,
- exhibited good conduct while on probation,
- did not violate a term of probation or have to attend a probation revocation hearing, and
- early termination is in the interests of justice.
Before ruling on your motion, a judge will likely take into consideration your criminal record or criminal history.
3. What are the benefits of early termination?
The early release from probation can result in a number of benefits. Some of these may include that you:
- don’t run the risk of incurring a probation violation,
- save money on probation fees,
- save money on the costs of drug tests and alcohol tests,
- gain freedom from unnecessary restrictions,
- remove any stress or anxiety from serving out a probation term,
- eliminate check-ins and other annoying requirements, and
- regain freedom to travel without restriction.
4. Can you file for an expungement if granted an early termination?
Most often, yes. The completion of probation is one of the eligibility requirements for filing for an expungement.3
Therefore, once off probation, you can petition the court to get your criminal conviction expunged.
“Expungement” generally refers to the process where a court orders that a conviction be erased from your criminal record.4
One of the main advantages of an expungement is that, if asked about a criminal history on a job application or in an interview, you do not have to disclose an expunged conviction.
5. Can a criminal defense lawyer help?
Yes. It is important that you consult with a criminal defense attorney if you are placed on probation – either misdemeanor probation or formal probation.
An attorney can help you by:
- explaining your terms of probation,
- representing you at a hearing to shorten your probation, and
- avoiding jail time if you violate a condition of probation.
Note that most defense lawyers and law firms provide free consultations. This means you can receive legal advice at no cost.
Further, your communications with a lawyer are usually protected by the attorney-client relationship. According to this relationship, a lawyer cannot disclose your confidences without first obtaining your consent.
Legal References:
- See, for example, California Penal Code Section 1203.3 PC. See also CO. Revised Statute 18-1.3-204 (2016).
- See, for example, United States v. Hartley, (10th Cir., 2022) No. 22-3010.
- See, for example, Florida Statutes 943.0585.
- Black’s Law Dictionary, Sixth Edition – “Expungement of record.”
