How quickly can I get an “early termination of probation”?

A judge may have awarded you with probation after pleading guilty to a DUI charge. But now what? Your defense attorney said that you could get early termination of probation. Is this true?

Yes, depending on the specific facts of your case. Most jurisdictions say that you can ask a judge for early termination of your probation at any time.

But many courts have certain “unwritten rules” regrading early termination. For example, as a general policy, a judge may not terminate probation early unless you have served a certain portion of your probationary term, such as 15 months.

“Probation” means serving a jail sentence or prison sentence in the community instead of in custody. A judge can award probation in both misdemeanor and felony cases.

Note that you usually have to follow certain terms and special conditions of probation. Examples include:

• making regular meetings with a probation officer,
• performing community service hours,
• paying all court fees and court costs, and
• completing rehab or a substance abuse program.

1. When can you ask for early probation termination?

Criminal procedure laws of most states say that you can ask a court at any time during your period of probation to terminate probation early.¹

But keep in mind that many courts and judges, as a matter of policy, may require you to complete a certain probationary period before they grant early termination.

For example, some judges may say that they will not terminate your probation early until you complete at least:

• one year of a misdemeanor probation sentence, or
• 18 months of a felony probation sentence.

Please note, though, that these are just general rules for eligibility. Your specific circumstances and the facts of your criminal case may persuade a judge to terminate your probation earlier if he/she believes that “justice has been served.”

2. How do you go about getting early termination?

Most jurisdictions say that to receive early termination, you must file a motion with the court and request it.²

In our experience, it is usually best to consult with a criminal defense attorney and have the lawyer file a motion for you. These motions can grow complex and involve certain intricacies of the law.

In many cases, a judge will hold a hearing before agreeing to terminate your probation early. In reaching a decision on termination, a judge may use this hearing to learn more about:

• your criminal charges,
• your criminal history or criminal record,
• the terms of your probation,
• whether you committed a violation of probation, and
• your conduct while on probation.

Once you file a motion for early termination, the judge will likely make a ruling on it within a few weeks.

3. When will a judge grant your motion for early termination?

A judge will usually terminate your probation early if:

• you complied with and completed all of the terms and conditions of your probation,
• you avoided any new criminal charges,
• you showed good conduct while on probation, and
• early termination serves the best interests of justice.

Note that a judge may also grant your motion for early termination if you can show that you would suffer some hardship if you continued with probation. “Hardships” may include that probation is:

• preventing you from getting a job, and/or
• limiting your ability to travel.

4. Can you file for an expungement if you get early termination?

Usually, yes. Most states require you to complete probation before you can file for an expungement.³

Early termination counts as completing your probation. Therefore, once a judge approves early termination you can also the court for an expungement.

If granted, an “expungement” means that your criminal conviction gets erased from your record.⁴

If a crime gets expunged, you do not have to mention it to a potential employer while looking for a job.

5. Would a criminal defense lawyer help?

Yes. If you want to terminate your probation early, you should seek the legal advice of a defense attorney or law firm.

A local law office can inform you of local rules and court policies regarding when you can start trying to terminate your probation.

A defense lawyer can also file an appropriate motion on your behalf and represent you at an early termination hearing.

Please note that there are several benefits to an early termination. Some of these are that you:

• save money on probation fees,
• no longer have to meet with a probation officer or a judge,
• do not have to worry about violating probation, and
• can travel without any restrictions.

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