What is the process for requesting an early release from probation so that i can pursue expungement?
To request early release from probation, you will need to file a Motion for Early Termination of Probation in the court where you were convicted. Because this process requires drafting a formal court pleading with accompanying documents, we recommend that you ask a lawyer for help. Ideally, you should contact the lawyer who represented you when you were sentenced, but any private criminal defense lawyer or Public Defender should be able to help you.
Requesting an early release from probation will involve filing a Motion for Early Termination of Probation. You will have a hearing where you will need to convince the judge that you deserve to be discharged from your probation term early.
For complete details on each step of the process for requesting an early release from probation, see APPENDIX P, on PG. 1026.
You will have the best chance of getting released early from probation early if:
- You have not violated your probation in any way;[3045]
- You have completed the requirements of your probation (finished all classes, paid all restitution[3046] and fines, etc.);[3047] AND
- You are at least halfway through your probationary period (i.e. 1 ½ years of a 3-year probation).[3048]
For more information about probation conditions and requirements, see the PAROLE & PROBATION CHAPTER, on PG. 125. For more information about paying court-ordered restitution and fines, see the COURT-ORDERED DEBT CHAPTER, on PG. 654.
Courts also often consider other positive efforts that you have made in your life, such as:[3049]
- Employment or efforts to find a job;[3050]
- Community service or volunteer work;[3051] and
- Educational pursuits and school accomplishments.[3052]
For this reason, you should make every effort to look for a job, volunteer, or go back to school, and you should emphasize these efforts and accomplishments in your Motion for Early Termination. For more information on finding work and getting a job, see the EMPLOYMENT CHAPTER, on PG. 557. For more information on educational opportunities, see the EDUCATION CHAPTER, on PG. 832.
Finally, the judge may consider:
- The severity of your conviction and conduct;
- Your complete criminal history (i.e., other convictions on your record);
- The prosecutor’s opinion; and
- How much hardship it will cause you to remain on probation (for example, whether being on probation is making it difficult for you to find work, reconnect with your family, apply for loans, or go back to school).[3053]
- 3045
People v. Guillen, 218 Cal. App. 4th 975, 982-83 (2013); People v. Hawley, 228 Cal. App. 3d 247, 249 (Ct. App. 1991). ↑
- 3046
See PG. 1053. In light of the decision in 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 victim restitution. ↑
- 3047
People v. Hawley, 228 Cal. App. 3d 247 (Ct. App. 1991); People v. Guillen, 218 Cal. App. 4th 975 (2013); People v. Holman, 214 Cal. App. 4th 1447-48 (2013). ↑
- 3048
People v. Hawley, 228 Cal. App. 3d 247 (Ct. App. 1991); People v. Guillen, 218 Cal. App. 4th 975 (2013). See also Early Termination of Probation in California, California Expungement Help, http://californiaexpungementhelp.com/early-termination-of-probation/. ↑
- 3049
Motion for Early Termination of Probation, Avvo, http://www.avvo.com/legal-guides/ugc/terminating-probation. ↑
- 3050
People v. Guillen, 218 Cal. App. 4th 975 (2013); People v. Holman, 214 Cal. App. 4th 1447-48 (2013). ↑
- 3051
People v. Guillen, 218 Cal. App. 4th 975 (2013). ↑
- 3052
People v. Holman, 214 Cal. App. 4th 1447-48 (2013). ↑
- 3053
People v. Guillen, 218 Cal. App. 4th 975 (2013). See also Motion for Early Termination of Probation, Avvo, http://www.avvo.com/legal-guides/ugc/terminating-probation. ↑