California Penal Code § 1203.3 (a) provides in part: “The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.”
Ordinarily, a defendant who has either satisfactorily completed the probation period or has been discharged before its termination is entitled to have his or her guilty plea expunged and the accusations dismissed. California Penal Code § 1203.4.
Before any term or condition of probation can be modified, a hearing must be held in open court before a judge. The prosecuting attorney must be given two days written notice and an opportunity to be heard on the matter. If there is a modification, the judge must state the reasons for that modification on the record.
Before issuing an order terminating probation, the court or its clerk must notify the probation officer in writing of the court’s intention to terminate probation.
Typically, the defendant will need to establish that he or she has completed the court-ordered sentence, paid all fines and restitution, and finished all probation requirements. This includes any additional terms imposed at the time of the conviction. For more information on evaluating whether you qualify for termination of probation, see California Criminal Defense Practice KFC 1155 C342 Chapters 90.06-90.12.
I may need personal information to show the courts your compliance, as well as your current good standing in society. This is easily shown with letters of recommendation from family, friends, clergy and employers.
When your papers are filed with the court, the clerk will set a time for hearing. At the hearing, the judge must state the reasons for any modification on the record. Before issuing an order terminating probation, the Court or its clerk must notify the probation officer in writing of the Court’s intention to terminate probation.
The defendant may appeal an order denying modification or early termination of probation.
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CRIMINAL RECORD REPAIR SERVICE
Criminal defense lawyer Kenneth J. Pinto is skilled and experienced in the preparation and argument of post-conviction criminal defense motions before the court. He works hard for you and is a competent and well versed professional in the courtroom.