Can I End My Probation Early?
Early Termination of Probation – Getting off Probation
Someone may accept a plea agreement. This agreement contains certain safeguards that were better than taking the case to jury trial. For example, a few years have passed and someone now wants to erase the blemish of the charge and get off probation early. The Law Offices of Mark Deniz can help you. Call our office to get off probation at 858-751-4384.
There is a misconception out there that you cannot expunge your misdemeanor or felony conviction until you have finished your probation in its entirety. The fact is that if you are currently on probation you can motion the court to terminate your probation early in many situations. The court, in its discretion, can order the early termination of your probation in a misdemeanor or felony case at any time under California Penal Code 1203.3. If the early termination is granted by the court, you can then expunge the underlying conviction, often all of this is done at the same hearing.
What Qualifies You For Early Termination?
To qualify for early termination of probation and expungement your case must meet the following requirements:
- You were charged and convicted in state court (not federal court).
If needed, we can help you figure out whether your case was in state court when you contact us.
- You must currently be on probation. It is preferable that you have completed at least half to three-quarters of the probationary term, although this is not required.
- You must have satisfied all the requirements of your sentence (fines, restitution, mandatory programs, community service, classes, etc.). The court will not consider terminating the probation early unless all the affirmative obligations of the sentence have been fully completed.
- You are not currently charged with another criminal offense, on probation for another criminal offense, or serving a sentence for another criminal offense (e.g., you are not on probation for more than one case, etc.)
The court will use the following criteria when deciding to grant a motion for early termination of probation in California:
- How serious the conduct was leading to the conviction? Obviously the more serious the crime was, the less likely the judge is to cut you a break.
- What is the extent of your past criminal record? If you have 15 convictions, demonstrating that you are a repeat offender, the judge is going to be much less likely to work with you.
- Is the probation preventing you from gaining employment or other benefits? We need to demonstrate to the judge that your probation and your underlying conviction are preventing you from being a productive member of society.
We meticulously address all of these concerns in our pre-hearing interviews with you and in the PC 1203.3 motion and supporting documents we file with the court on your behalf. The Law Offices of Mark Deniz can help you. Call our office to get off probation at 858-751-4384.
The average early termination of probation case takes several weeks, and thus the sooner we begin working on your case, the sooner you can put your mistake behind you for good. A mandatory hearing is required in front of the judge in nearly all early termination of probation cases. One of the benefits of hiring a knowledgeable law firm like ours is that we handle everything for you, optimizing your chance of success. We attend the hearing and argue the motion on your behalf in front of the judge, meaning you will not need to personally attend any hearings. We also will prepare a concise and knowledgeable response to any opposition put forth by the prosecuting attorney.
We have a lot of experience in this area and pride ourselves on producing positive outcomes for our clients. The Law Offices of Mark Deniz can help you. Call our office to get off probation at 858-751-4384.