Because I am still on probation and need to be off to have my conviction expunged, is there anything I can do to get off early?

Yes. Under California law, you can ask the judge to release you early from your probation term (called “early discharge”).[3043] Although courts often sentence people to several years on probation (for example, 3-4 years for a misdemeanor), many people are able to complete all of their probation requirements (all of the things the court has ordered them to do—such as attend counseling or pay restitution) long before their time is up. For this reason, courts are often willing to release people early from their probation. For more information about probation terms and conditions, see the PAROLE & PROBATION CHAPTER, on PG. 125.

You can request early release from probation whether you are on informal probation (also called court probation), formal probation, or mandatory supervision. The process is the same for all three.[3044] However. early release from supervision in order to get your conviction expunged ONLY applies if you are on informal or formal PROBATION or Mandatory Supervision. It does NOT apply if you are on parole or PRCS. Although you CAN get off parole and PRCS early, you still CANNOT get your conviction expunged because you will have served a prison sentence for it.

For more information about the difference between formal and informal probation, PRCS, and parole, see the PAROLE & PROBATION CHAPTER, on PG. 125. For more information about getting released early from PRCS, see PG. 967, or see also the PAROLE & PROBATION CHAPTER, on PG. 125.

  1. 3043

    Cal. Penal Code § 1203.3(a) (“The court may at any time when the ends of justice will be served 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.”).

  2. 3044

    Cal. Penal Code § 1203.3(a).