Under California Penal Code 1203.3, a judge is permitted to grant a defendant’s request to secure early termination of probation. There are many benefits to this process, such as an earlier hand in expunging your California record. With this benefit, you will be able to look for a job without employers holding your conviction against you. You may also find other relief from this process such as restoring gun rights and possibly having your information removed from Megan’s List, if your circumstances call for it.
Where to Turn
If you believe that you should be relieved from probation early, you must first speak to your defense attorney. Your attorney will be able to file a motion with the court of California to request termination. A judge will then take a look at your record and many other factors and decide if they are going to grant your request.
Some of the factors they look at can be complicated, such as ensuring that you have paid all fines and restitution. They will also be looking to see if you met all terms of your probation, such as anger management or drug and alcohol treatment. Lastly, they will take into consideration how you have behaved on probation and if you violated any terms and conditions. What steps did you take in your day-to-day life? Did you seek gainful employment or education to get back on your feet? Did you volunteer? These are all important considerations in the eyes of the court.
When you appear in front of the judge, you will have the help of your attorney to make your case. Your attorney will speak to the prosecutor about why you are a good candidate and why they should support the motion. Before you apply for termination, you should complete at least one year of a misdemeanor probation sentence and 18 months for a felony. The process can be a bit long and complicated, which is why you should never tackle it without an attorney. Call us today for more information on how we can help at The Law Office of Peter Blair.