Penal Code § 1203.3 PC gives judges in California the discretion to grant early termination of probation. If probation is terminated ahead of schedule, the court will often expunge your criminal record at the same time.
The language of the statute reads:
1203.3. (a) The court has the authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. 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 held. The court also has the authority at any time during the term of mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 to revoke, modify, or change the conditions of the court’s order suspending the execution of the concluding portion of the supervised person’s term.
Before terminating your probation early, the judge will want to ensure that:
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 you complete at least 12 to 18 months of your probation before they will seriously consider closing your case.
Below, our California criminal defense attorneys explain the process to terminate probation early by answering the following questions:
If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
California Penal Code 1203.3 PC allows a judge to terminate your probation ahead of schedule.
California Penal Code 1203.3 PC authorizes a judge to grant your request to secure early termination of your probation. 4
In order to obtain this type of relief, we would file a motion with the court and prosecuting agency at least two days prior to the date of the requested hearing. 5
Additionally, we should speak to the prosecutor about your case. This gives us an opportunity to
At the time of the hearing, we would ask the judge to grant your motion for early termination of probation by explaining that:
In some instances, we will be able to appear on your behalf, and you will not be required to attend the hearing. Though–depending on the circumstances–it may be in your best interest to be present. This is a strategy that we would discuss with you prior to filing the motion.
There are two major benefits to securing an early termination of probation.
The first is that the earlier you terminate your probation, the earlier you can expunge your criminal record. Once you obtain an expungement, you will be able to look for a job without having the conviction held against you by potential employers–among other benefits of an expungement. 6
Depending on the circumstances, you also may be able to
The second major benefit of obtaining early termination of probation is that the sooner you get off probation, the sooner you avoid possible probation violations. If you get arrested for any crime while on probation, the court can sentence you to jail or prison for violating your probation–regardless of whether you are even convicted of the new crime!
Penal Code 1203.3 PC gives judges the discretion to terminate probation “at any time during the term of probation.” 10 Though the “unwritten rule” is that judges will not typically terminate probation until you complete:
Of course, this is just a general rule for eligibility. Your circumstances may justify an earlier termination of probation under PC 1203.3 or require a later one, depending on when the judge believes that “justice has been served.”
Successfully fulfilling all the terms of your probation is a sign of “good conduct and reform”
According to Penal Code 1203.3 PC, the court may terminate your probation when your “good conduct and reform” justify doing so.
So what exactly does “good conduct and reform” mean? As San Bernardino criminal defense attorney Michael Scafiddi 11 explains,
“Basically, ‘good conduct and reform’ means that you are not a risk to the public, and that you’ve learned from your mistake and are now moving in a positive direction.”
This usually means that you have successfully fulfilled all the terms of your probation, such as
It also means that you have not been arrested for any other offenses (“staying out of trouble”) and that you demonstrate remorse for your actions.
The judge deciding your PC 1203.3 motion will also weigh and consider such factors as:
Hardships that may persuade the judge to grant your motion may include that you are prevented from:
The judge may also consider input from your probation officers and the prosecuting attorneys from the county district attorney’s office or the attorney general’s office.
Most likely, yes. You are eligible for expungement of your criminal record when you are no longer on probation, as long as you are not
When we file a PC 1203.3 motion, we typically petition the court for an expungement at the same time. (In felony wobbler cases, we also ask the court to reduce it to a misdemeanor.)
If you allegedly violate your probationary terms in California, the court will hold a probation revocation hearing. This is like a mini-trial where the judge will decide if you are in violation. The judge can then either:
For more in-depth information, refer to the following scholarly articles:
