Early Termination of Probation
Penal Code 1203.3 PC gives the court the discretion to grant a request for early termination of probation at any time during the probation period.2 In practice, however, most judges want to see people complete at least 12 to 18 months of their probation before they will seriously consider the motion to terminate probation early.
If the judge grants an early termination of probation, the court will often expunge the defendant's criminal record. And in felony wobbler cases, the judge may also reduce the felony to a misdemeanor at the same time.
Before terminating your probation early, the judge will want to ensure that:
- You have successfully completed the terms of your probation (such as fines, classes or restitution),
- There are circumstances that justify early termination of probation.
Valid reasons may include (but are not limited to) the fact that your probation is
- keeping you from securing gainful employment,
- preventing you from advancing at work, or
- restricting necessary travel.