What is Early Termination of Probation?
Under California Penal Code section 1203.3, a judge has the ability to terminate probation ahead of schedule. The judge will consider the following factors when making a determination as to whether or not early termination of probation should be granted:
- That the probationer has completed all court-mandated conditions of probation, including paying all fines and restitution;
- The the probationer has demonstrated rehabilitation and an unlikeliness of repeating the convicted offense, or similar offense; and
- Any subjective circumstances that justify early termination of probation
The following are common examples of circumstances that may justify a granting of early termination of probation:
- Inability to obtain employment due to criminal background investigations;
- Strong potential of termination from employment due to discovery of probation status;
- Inability to obtain, or maintain, a professional license as a result of active probation status;
- Inability to secure a necessary loan (mortgage, auto loan, small business loan) due to the increased use of criminal background investigations by lenders;
- Adverse effects on child custody and/or visitation orders in family law matters, such as divorce
- Inability to obtain security clearances for government, or government-contracted, employment
How Soon Can I Request an Early Termination of My Probation?
The answer to this depends on several factors. Technically, Penal Code section 1203.3 allows for early termination “at any time during the term of probation.” However, judges have the authority to determine minimum time standards before they will entertain such a request. For example, misdemeanor cases generally need completion of at least one year; felony cases, 18 months. In DUI and “wet” reckless cases, most San Diego judges require at least 50 percent of successful probation before a judge will consider the motion.
What does the Court Consider when Determining Whether or Not to Grant Early Termination of Probation?
Under Penal Code section 1203.3, the court may only grant the motion when “the ends of justice will be subserved,” and where “good conduct and reform of the person so held on probation shall warrant it.” So what does this mean?
The court must evaluate whether or not the probationer has demonstrated successful rehabilitation for the convicted crime and that they no longer pose a threat to the community. The court must also ensure that the terms and conditions of probation have been satisfied and without incident. This includes, but is not limited to:
- Full and timely payment of all fines, and restitution (if applicable);
- Successful completion of any court-ordered classes and/or programs;
- In DUI cases, successful
- Completion of any court-ordered community service;
- Completion of any court-ordered counseling; AND
- Completion of any other terms or conditions of probation
If any condition of probation has not yet been satisfied, the court will not entertain the motion for early termination of probation.
The Law Office of Brandon S. Naidu has extensive experience and success in obtaining the early termination of probation for persons on misdemeanor, DUI, and felony probation. Call today for your probation case evaluation (619) 363-4811