Like many people who are subject to probation, you may be eager to end your this burden as quickly as possible. Fortunately, California law provides for this under California Penal Code 1203.3, which allows you to ask a judge to end or modify your probation.
As a criminal defense attorney with years of experience in the San Diego courts, I’ve been able to secure early termination for many of my clients, although not everyone is eligible. Below a simple explanation of what you need to think about if you’d like to end your probation. If you have any questions, get in touch. I’ll be happy to review your case and let you know your options, free of charge.
Am I eligible for early termination?
PC 1203.3 specifies that your “good conduct and reform” are among the factors considered for probation termination. Practically speaking, this means:
- You must have done everything you were supposed to during your probation (e.g., completed any court-ordered sentence, paid any fines and restitution, and finished any counseling requirements).
- You haven’t violated your probation.
How soon can I request it?
What the law says and reality are, unfortunately, not quite the same thing when it comes to probation. While PC 1203.3 gives judges discretion to grant your request for early termination “at any time,” in San Diego, the courts like you to have to completed at least half of your probation before a motion is filed to terminate it.
If you’ve been convicted of a DUI in San Diego, note that since you typically get five years of summary probation on a first-time offense here, you should expect to wait at least 2 1/2 years before requesting early termination. By contrast, in Imperial, Orange and Riverside counties, where probation is typically only three years, you would only have to wait a year before making your request.