In California, Penal Code (PC) 1203.3 allows a judge to terminate probation ahead of schedule. A motion will need to be filed and served on the government in order for the prosecution to have an opportunity to oppose or submit to the court’s ruling.
Before an early termination of probation, the judge will want to ensure that all terms of your probation (fines, classes, or restitution) have been completed.
The judge will generally look at the following factors such as circumstances that justify early termination. Examples may be that being on probation is preventing you from being gainfully employed or restriction on your travel for work. The judge will want to know why you are a good candidate for early termination of probation. An effective defense attorney should discuss the motion with the prosecutor prior to the judge making a ruling and as much as possible have the prosecutor support the motion or at the least not oppose it but simply “submit” to the court.
The benefit to securing the termination is that if this is granted, a dismissal under PC 1203/1203.4 could also be requested. Depending on the circumstances and the crime of which you were convicted, you may be able to have your information removed from Megan’s List, obtain relief from PC 290 lifetime registration and/or restore your California gun rights.
Another benefit is that it eliminates the risk that you could be charged with a probation violation. If you are arrested for any crime while you are on probation, the court can sentence you to additional custody time and/or fines for violating probation regardless of whether you are convicted of the new crime.
Probation violations do not trigger the constitutional right to a jury trial. The judge simply decides if there is more evidence than not (preponderance of evidence standard—the lowest level of standard of proof) that you did commit the crime.
PC 1203.3 gives the judge the discretion to terminate probation “at any time during the term of probation.” Yet despite this judicial authority, judges will not typically terminate probation unless there has been 1 year of probation in misdemeanor cases and at least 18 months for felony cases.
PC 1203.3 states that “the court may at any time when ends of justice will be sub-served thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the probation, and discharge the person so held.” In deciding to grant the motion, the judge will want to review whether the individual is no longer a risk to the public, learned from the mistake and are now moving in a positive direction.
No new arrest is mandatory and a good defense attorney must both successfully convince the judge and the prosecutor that you are remorseful for your actions. The judge will weigh and consider additional factors: your criminal history, the prosecutor’s opinion, whether being on probation is causing you extreme hardship, completion of all the terms and conditions of probation, and severity of the conduct that led to the conviction.
If the court agrees to terminate your probation early, it will generally reduce the felony to a misdemeanor (for wobbler cases only) and expunge your criminal record all at the same time.
These are requests that must be well thought out and the motion along with all relevant exhibits will need to be compelling and properly drafted. Additionally, your defense attorney would need to have the prosecutor be on your “side.” This motion is not easy to have granted so it is critical that this is done correctly.