In a majority of criminal cases where a defendant has been convicted of a crime, she’ll be placed on probation for a specific length of time. For misdemeanors, the probation period will be between 2 and 5 years. Probation is often longer for those convicted of felony offenses.

During the probation period, a defendant will usually be expected to complete several requirements to remain in compliance, including jail sentences, community service or mandatory counseling of one sort or another. After the requirements have been completed, the defendant will be expected to remain law abiding for the entire period of probation. In certain cases, however, a judge may agree to an early termination of probation before the completion of the full term. terminate a defendant’s probation short of the full term.

Under California Penal Code Section 1203.3, a defendant can petition the court for early termination of probation. Typically, a judge will not grant an early termination of probation motion until the defendant has successfully completed all requirements of probation, paid all court fines and fees, provided a compelling reason justifying the early termination. This is where it pays to have the help of an experienced criminal lawyer. In most cases, the court will not seriously consider the petition unless the defendant has completed at least half of the probationary term.

This motion is usually accompanied with a request for expungement pursuant to California Penal Code Section 1203.4.

If you’re currently on probation for a criminal offense and are interested in terminating your probation, please contact us today to speak with a San Diego criminal defense attorney.