How to End Your Probation Early
California Penal Code section 1203.3 allows the Court discretion to Terminate Your Probation Early, ahead of schedule. There are many benefits to Terminating your Probation Early
Frequently Asked Questions
How Does Penal Code 1203.3 Help Me End My Probation Early?
According to Penal Code 1203.3(a), “The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.”
What does this mean? It means that the Court has the power at ANY TIME during probation to make changes to it or to terminate it completely. If you were placed on 5 years of summary probation, for example, you can convince the Judge to Terminate the Probation after 2.5 years. Every case is unique and your mileage will vary. It all depends on the reasons why you are seeking the Early Termination of Probation, and whether or not you have already complied with all of the requirements and conditions.
Judges approve petitions to Terminate Probation Early every day. Having a good legal argument is absolutely essential both on paper for the Judge to read and in person when you appear before the Judge and face opposition from the Probation Officer or District/City Attorney. It is highly recommended that you do not try this on your own.
How Do I Know I Am Eligible to End My Probation Early?
Penal Code 1203.3 allows Judges to Terminate Probation Early “At Any Time.” However, the truth is most judges will not be on board until at least halfway through your current probation term. So if you were on three years of probation, you would have to wait a year and a half before you can have a fighting chance to get it terminated early. The more time that passes after that point, the more likely it is you will have your petition granted.
Having a good attorney is key, because you need someone who is experienced and knows what the Judges are looking for so they feel comfortable with Terminating Your Probation Early.
How Do I Benefit When I Terminate My Probation Early?
For starters you are no longer on Probation. This means you do not have to deal with probation officers or fear that you will go to jail if you are found in violation of the terms of your probation.
The most important benefit of an Early Termination of Probation is that you are now eligible to Petition the Court to Expunge Your Criminal Record. You cannot Expunge Your Criminal Record when you are currently on Probation. Please read How Do I Expunge My Criminal Conviction for more information.
Additionally, once you Terminate Your Probation Early, you can petition the court to Reduce your Felony to a Misdemeanor or Misdemeanor to an Infraction. Please read How Do I Reduce My Felony Conviction to a Misdemeanor or How Do I Reduce My Misdemeanor Conviction to an Infraction for more information.