If you have completed probation and shown good cause, you may be able to terminate probation early.
One of the most common conditions of a criminal conviction is probation, which is a period of time where a person must comply with certain terms, such as fines, classes or restitution. Depending on the nature of the underlying crime, probation could last for several years, which can create significant problems for the person who is on probation. For example, a person on probation in a criminal case may not be able to travel internationally, advance at work or even be able to find a job.
Fortunately, California law does allow a person who has completed all of the terms of his or probation to apply for early termination of probation if there are circumstances that justify it. A skilled San Bernardino criminal defense attorney can help you determine if you meet this criteria.
Early termination of probation can be incredibly beneficial, as not only will it result you coming off of probation before it is officially scheduled to end, but it may also result in the court expunging your criminal record. If you were convicted of a felony “wobbler” crime (i.e., an offense that could have been charged as either a felony or a misdemeanor), then the judge may also reduce it to a misdemeanor at the same time that your probation is terminated early. In addition, if your probation is terminated early, then you will no longer be at risk of being charged with a probation violation. If you are arrested for any crime while on probation, you can be sentenced to jail for violating probation — even if you are not convicted of the crime. That is why it is so important to be able to come off of probation early, if at all possible.
To obtain early termination of probation, your San Bernardino criminal defense attorney should request a hearing, and file a motion outlining how you meet the criteria: that you (1) have completed the terms of probation and (2) have circumstances that justify early termination of probation. Ideally, your lawyer should also request that the prosecutor either support the motion or to not oppose it. As a general rule, judges will not terminate probation until you have completed at least one year of a misdemeanor probation sentence or at least 18 months of a felony probation sentence. A judge will determine whether to grant early probation termination based on whether it is justified by your “good conduct and reform.”
A skilled San Bernardino criminal defense attorney can help you determine if you are a good candidate for early termination of probation, and can help you through the process of applying for and putting together a case for terminating your probation early. At the Chambers Law Firm, our team of skilled professionals has substantial experience with helping clients with probation and other issues. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or learn more about how we can help you if you would like to seek early termination of your probation.
