Legal Question in Criminal Law in California

Can misdemeanor probation be terminated early?

Was ordered, for a misdemeanor, 200 hours of community service and 2 years of formal probation which will be reduced to summary probation upon completion of community service. Probation ends in Feb. 2004.

I am done with community service and going to court in a couple of days.

Can I request judge to terminate the probation, as opposed to reduce it to summary, for the fact that this record on my background keeps me from getting employment. My idea is to get probation terminated so that I can file for expungement of the record.

Plus points are: I hold masters degree, no priors, clean records and excellent character references with me. Always kept all dates/appointments with court/probation officer and paid all fees/fines in time.

1. Do judges grant such probation termination? how likely is it?

2. Is there something like conditional termination? meaning, I qualify to apply for expungement but at the same time I shoudn't get in trouble as if I am still on probation.

3. If terminated, do I need lawyer to file a motion to expunge my records? how much does it cost?


Asked on 6/03/03, 9:12 pm

2 Answers from Attorneys
David Diamond Diamond & Associates

Re: Can misdemeanor probation be terminated early?

GIVE ME A CALL SO WE CAN GO OVER ALL OF YOUR QUESTIONS. Larry Wolf 310 277 1707

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Answered on 6/04/03, 12:21 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can misdemeanor probation be terminated early?

Thank you for your inquiry.

Probation can be terminated upon a finding of good cause, and a minimum of one year on probation without any other incidents, providing you've complied with the terms of probation. (See Penal Code section �1203.3).

To answer your questions (1), yes, and typically this is done with a researched written motion. Exhibits are attached complying with the rules of evidence, showing your compliance with terms of probation, and good cause for the termination. The better your record, and the better the motion presented to the court, the better your chances.

(2) I have never heard of "conditional termination" or anything like what you've described;

and (3) defendants file expungements on their own all the time, but it's recommended you have an attorney prepare and argue this for you. The cost would have to be quoted based upon the charges, your situation, and the court your case is based out of.

I hope that this helps, but if you need more information, have other questions, or feel that you need legal representation, please contact me directly at [email protected]. I�m happy to help in any way that I can.

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Answered on 6/04/03, 2:41 pm


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