Annually, approximately 350,000 adults are placed on probation in California for both misdemeanor and felony crimes. (Crime in California 1998-2004) Serving an active probation term can obstruct your employment opportunities, interfere with school, and cause financial stress. You may be able to obtain relief through early termination. Consult with an experienced Orange County early termination of probation lawyer to give you legal help and advice.
How is Early Termination of Probation Determined?
By California law (Penal Code 1203.4), an individual seeking an expungement, or sealing, of a criminal record must not be serving a probation sentence. However, under certain circumstances, a motion may be filed with a California Court requesting a hearing for an early termination of probation. The prosecuting attorney must be given a 2-day written notice and be given an opportunity to be heard in the matter, as well (Penal Code 1203.3). If early release from probation is granted, a lawyer in the area could help with the process of expungement to follow. In deciding whether to grant an early termination of probation, the Judge will consider and weigh the circumstances of your case, such as:
- How serious the crime was that warranted the probation sentence. Both misdemeanor and felony crimes can be granted an early termination of probation.
- How much time did the probationer spend serving the probation term? Usually, about half of the probation term should be completed.
- Have all the terms and conditions of probation been satisfactorily fulfilled? All fines, fees, and restitution should be paid.
- What the criminal history of the probationer reveals, if anything. The individual must not have any new criminal cases pending.
- If there is a very good reason to terminate the probation early.Such as the probationer being prevented from gaining employment or other benefits.
- What the Prosecuting Attorney has to say. It could be beneficial to be represented by an expert Criminal Defense Lawyer who will be prepared to argue your case, should the Prosecuting Attorney oppose the Motion.
Consult with an Orange County Early Termination of Probation Attorney
We have been defending clients throughout Orange County for nearly a decade and have successfully handled early termination of probation and expungement cases. To determine if you qualify for an early termination of probation and criminal records expungement, contact our firm.
One of our knowledgeable Orange County early termination of probation lawyers could quickly review your case and determine if we can obtain an expungement and clear or seal your criminal record. Our experienced legal professionals are available to help you 24 hours a day, 7 days a week. Your first consultation is free.