Because I am still on Post-Release Community Supervision (PRCS), and need to be off to have my conviction expunged, is there anything I can do to get off early?

Yes. Under the Realignment law, the maximum amount of time that you can be on Post-Release Community Supervision is 3 years (not including any time that your PRCS was revoked or suspended).[3054] However, you can be released early in 2 situations:

    Six months/No violations—If you have been on PRCS for 6 straight months with no violations, you may ask for an early release.[3055] The process for requesting early release from PRCS is very similar to the process for requesting early release from regular probation (see APPENDIX P, on PG. 1026):[3056]
    You will need to write a motion requesting an early release from PRCS, and file it in court in the county where you are on PRCS.[3057] The main difference when you request an early release from PRCS is that the court will ask your probation officer for a probation report and use it to decide whether or not to release you early.[3058] If you have been on PRCS for less than one year, it is entirely up to the judge whether or not to release you early, based on your motion and on what is in your probation report.[3059]
    One year/No violations—If you have been on PRCS continuously for 1 year with no violations, you will automatically be discharged early, within 30 days after your 1-year anniversary.[3060]
    the probation department does NOT discharge you automatically after If this time, you may need to file a motion in court asking the judge to discharge you. Ask a lawyer for help if you are in this situation. For a list of legal aid organizations that may be able to help, see PG. 1127.

Helpful HintA Note About Early Release From Probation & Getting a Conviction Expunged in Court at The Same Time:

Generally, early release from probation and expungement of the underlying conviction go hand in hand. In many counties, these two legal processes will happen at the same court appearance, one after the other. You or your lawyer will file both a Motion for Early Termination of Probation (see APPENDIX P, on PG. 1026) and a Petition for Dismissal (see APPENDIX K, on PG. 1018). If the judge grants your Early Release from Probation motion, he or she will probably grant your Dismissal Petition also (as long as you meet all the other expungement requirements), so you could be off probation AND have your conviction expunged by the end of the day!

  1. 3054

    Cal. Penal Code §§ 1203.2(b), 3455(c), 3456(a)(1). ↑

  2. 3055

    Cal. Penal Code §§ 1203.2(b), 3456(a)(2). ↑

  3. 3056

    Cal. Penal Code § 1203.2(b). ↑

  4. 3057

    Cal. Penal Code §§ 1203.2(b), 3456(a)(2). ↑

  5. 3058

    Cal. Penal Code § 1203.2(b). ↑

  6. 3059

    Cal. Penal Code §§ 1203.2(b) & 3456(a)(2). ↑

  7. 3060

    Cal. Penal Code § 3456(a)(3). ↑