Petition to Terminate Probation Early


In many cases where a defendant has been convicted of a crime, they will be placed on probation for a specific time. For misdemeanor’s the period of probation will be between two and five years. Probation terms will tend to be longer for those convicted of felonies. A defendant will usually be expected to complete requirements of probation to remain in compliance, including jail sentences, community service or community labor. Once the requirements have been completed, the defendant will still be expected to remain law-abiding for the remainder of the probation period and to commit no new offenses. In certain cases, a judge may be willing to terminate a defendant’s probation earlier than the probation expiration date. Under California Penal Code Section 1203.3 PC, a defendant can petition the court for early termination of probation. If granted, the defendant’s conviction is usually expunged at the same time.

Typically, a judge will not consider granting early termination of probation motion unless the defendant has successfully completed all requirements of probation in a timely fashion, has paid all court fines owed, and has provided a compelling reason justifying the early termination.

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