More than 10,000 people are on probation in San Diego, CA, according to the 2023 – 2024 County of San Diego Probation Department Annual Report. This includes people who have been convicted of all types of criminal offenses. Some people have no prior criminal record and didn’t serve jail time. On the other hand, some are released to probation after serving lengthy prison sentences.
While many people consider probation an ideal alternative to jail, most are still anxious for it to end. Between reporting to an officer and having a lot of conditions, it’s no wonder most people want probation to end. Unfortunately, not everyone qualifies for early termination.
If you want your probation terminated early in San Diego, CA, call a criminal defense lawyer. They can help you throughout the process and explain whether or not you qualify.
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What Is Early Termination of Probation?
When a person goes on probation, the judge imposes a specific period for probation. It could be anywhere from a year or two to several years of probation. Throughout the probationary period, most people have several requirements to complete.
These requirements could include:
- Completing mental health or substance abuse treatment
- Reporting to a probation officer
- Community service
- Counseling
- Paying fines, court fees, or child support
If someone completes the requirements before probation ends, they can ask for an early termination of probation. That means that they are removed from probation before the time expires.
Who Is Eligible for Early Termination of Probation?
Under California Penal Code 1203.3, the court can terminate probation in both misdemeanor and felony cases. Generally, someone is eligible for early termination if they have:
- Completed all requirements of probation
- No new arrests or criminal convictions
- Been of good conduct and reform
- Have a good reason to terminate early
Being of good conduct and reform means that the probationer has shown a positive change. Perhaps they have a job or are actively engaged in rehabilitative treatment. It also can include people who reconnect with their family or community and are committed to staying out of trouble.
Furthermore, having a compelling reason to terminate probation early could include:
- Difficulty traveling while on probation
- Needing to move out of state
- Financial difficulty while on probation
- Hardship in meeting reporting requirements
Ultimately, no one is entitled to have probation terminated early. The judge will make a subjective determination and use their discretion to decide. That’s why it is best to have an attorney argue for early termination on your behalf.
What Is the Process for Having Probation Terminated Early?
Every probationer must follow a specific process to have probation terminated early. The process is not complicated, but hiring a lawyer is always advisable. This may be the same defense attorney who represented you during the criminal case.
The first step is to complete all probationary requirements. This includes paying all court fees and fines and attending any required classes or programming. The second step is to file a motion for early termination. Usually, your attorney will file a motion to be heard in front of the same judge that sentenced you to probation in the first place.
After the court receives the motion, they will schedule a hearing. You will attend the hearing, and your attorney will argue in favor of early termination. At the hearing, your attorney may call witnesses, introduce evidence, and make a compelling argument. The prosecutor may also argue against the motion, or they may agree.
What Evidence Could Help Me?
Some of the most persuasive evidence could include:
- Letters from employers, family, and supportive community members
- Testimony from your probation officer
- Testimony from mental health providers
- Your own testimony
After the hearing, the judge will decide whether or not to terminate your probationary period early.
Can the Judge Modify My Probation?
Sometimes, a judge will refuse to terminate your probation but may choose to modify the terms of probation. This is common in cases where a requirement is significantly hindering someone’s rehabilitation. For example, an in-person reporting requirement could cause someone to miss a lot of work. In that case, a judge may change it to a virtual reporting requirement.
Another common example is if someone has done well on probation but hasn’t paid their fines. If they are on a payment plan or making consistent payments, the judge may decide to end other requirements but keep them on probation.
If you aren’t eligible for early termination of probation, modifying probation may be the second best option.
Will the Judge Expunge My Record if They Terminate Probation Early?
Expungement and early termination of probation are two different things. However, the court often grants expungement at the same time. To request expungement, your attorney must file a motion under California Penal Code 1203.4. This can be done simultaneously.
The judge may decide to expunge your record if you have successfully completed probation and have not served any time in state prison. You are still eligible if you have served time in jail, which generally means you served less than a year. You could also be eligible for expungement regardless of if you were convicted of a felony or misdemeanor. However, if the conviction was serious, violent, or a sex offense, you are probably ineligible.
To learn if you are eligible for expungement at the same time as early termination of probation, talk to a San Diego defense attorney.
Talk to a San Diego Criminal Defense Attorney if You’re Seeking Early Termination of Probation
If you’re wondering whether you can get early termination of probation in San Diego, California, contact now an attorney at Blair Defense Criminal Lawyers. Call us at (619) 357-4977 to schedule a free case evaluation. We’ll explain your rights and help you through the termination process. You should always put your best foot forward when asking for early termination in front of a judge.
