How can my court-ordered debt affect me while I am on a term of supervision?

IMPORTANT!—If you are ON SUPERVISION: It is very important to know which debts are conditions of that supervision—and to pay them first, if possible. In general, making restitution payments will ALWAYS be a condition of your supervision.[2175] Other fines and fees can also be ordered as conditions of supervision.[2176] You can find out exactly which payments the court considers conditions of your probation by asking your parole or probation officer for a copy of your supervision order. You (or your lawyer) can also go to the court and ask the clerk for a copy of the records (the “minutes”) from your sentencing.

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If you don’t pay the debts that are conditions of your supervision: (1) the court can extend the term of your supervision to the maximum time allowed,[2177] or (2) the court may order you to do community service to satisfy your remaining fines and fees, or (3) the court may determine that you have violated your supervision and re-incarcerate you. If you are on probation and you complete your probation term, but you haven’t paid off all the restitution and fines that are conditions of your probation, the court may find that you did NOT successfully complete probation. This can make it harder to get your conviction dismissed later under California’s expungement statute.[2178] However, due to a recent court decision, you cannot be denied mandatory expungement because you still owe victim restitution. See PG. 962 for more information on mandatory and expungement and victim restitution.

Here are other ways that owing unpaid restitution and other fines can affect you while you are on supervision:

    It can be harder to transfer to another county, and you will NOT be allowed to transfer out of state.[2179]
    If you want to get discharged early, it is very important to make reasonable restitution payments.[2180]
    Even if you successfully complete your supervision and are discharged, you will continue to owe any unpaid restitution (and all other debts that the court does not discharge).[2181]

For more information on getting your conviction(s) expunged/ dismissed, see the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 931.

  1. 2175

    Cal. Penal Code §§ 1202.4(m), 1203.1.

  2. 2176

    Cal. Penal Code § 273.5 (domestic violence fines); Cal. Gov’t Code §§ 29550, 29550.1, 29550.2(a) (jail booking fees).

  3. 2177

    Cal. Penal Code § 1203.3(b)(4); People v. Cookson, 54 Cal.3d 1091 (1991); People v. Medeiros, 25 Cal. App. 4th 1260 (1994) (in extreme cases, the court can even revoke your probation if it determines that you are willfully not paying your debts); see also CDCR, Department Operations Manual §§ 81080.1 (early discharge from parole), 81080.1.1 (annual parole discharge review).

  4. 2178

    Cal. Penal Code § 1203.4; People v. Covington, 82 Cal. App. 4th 1263 (2000); People v. Chandler, 203 Cal. App. 3d 782 (1988). But see People v. Seymour, Case No. H040560 (Santa Clara County, Super. Ct. No. CC955665), it is unclear whether you can be denied mandatory expungement because of unpaid fines and reimbursements. However, you cannot be denied mandatory expungement because you still owe restitution. See PG. 1053.

  5. 2179

    Cal. Penal Code § 11177.2 (parolee or inmate not permitted to be released to another state if subject to an unsatisfied order of restitution); see generally Cal. Penal Code § 1203.9(a)(3);Cal. Rules of Court, Rule 4.530 (f)(3) (ability to pay restitution order a factor in determining whether an inter-county transfer is appropriate); see also Cal. Dep’t Corr. & Rehab., An Adult Offender’s Guide to Restitution (2007).

  6. 2180

    15 Cal. Code Regs. §§ 3721(b)(2), 3730 (parole); Cal. Penal Code § 1203.3(b)(4) (probation).

  7. 2181

    People v. Guillen, 218 Cal. App. 4th 975, 985-90 (2013) (unpaid restitution fines—like victim restitution—survive after defendant’s probation term has ended, regardless of whether defendant was discharged upon successful completion or had his/her probation revoked).