Length of Formal Probation

How long will I be on formal probation?

Formal probation is typically imposed for a term of 3–5 years.[755] The length of your probation depends on what the court ordered, and that usually depends on what county you are being supervised in (since each county has some discretion to set the minimum length of formal probation within this range).[756]

  1. 755

    Cal. Penal Code § 1203.1(a) provides: “The court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding the maximum possible term of the sentence, except as hereinafter set forth, and upon those terms and conditions as it shall determine. The court, or judge thereof, in the order granting probation and as a condition thereof, may imprison the defendant in a county jail for a period not exceeding the maximum time fixed by law in the case. However, where the maximum possible term of the sentence is five years or less, then the period of suspension of imposition or execution of sentence may, in the discretion of the court, continue for not over five years.” ↑

  2. 756

    Each county sets its own mandatory minimum. Alameda County, Alpine County, Inyo County, Placer County, Plumas County, Sacramento County, San Joaquin County, & Tuolumne County require a minimum of 5 years on formal probation, while most counties in California only require a minimum of 3 years on formal probation. ↑

Can I get off formal probation early?

Possibly. California law allows you to ask the court to be released early from your probation.[757] If you have completed all of the conditions of your probation (for example, paid all fines/fees, completed all counseling) and you are at least halfway through your probation term (for example, 1½ years through a 3-year probation term), you may be a good candidate to have your probation ended early. The process for terminating (ending) formal probation early is the same as the process for ending informal probation or Mandatory Supervision early. If your request (called a “Motion”) to end your formal probation early is granted by the judge, then you might also be able to ask for certain convictions to be dismissed from your record! For more information on how to file a Motion to Terminate Probation early, and also how to request dismissals of eligible convictions, please see the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 931.

  1. 757

    Cal. Penal Code § 1203.3(a). “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.” ↑