California Expungement » California Probation Termination
California law allows the court to modify or terminate your probation. Once terminated, you are relieved of the duties imposed by probation and you can immediately file for expungement and get on with your life. If your probation is preventing you from reaching your potential, you can ask the court to terminate your probation. If you are looking to have your record expunged, but you are still on probation, this can be a way to ge the process started.
RecordGone.com provides a free online eligibility test where you can easily check if you qualify for this service.
California Probation Termination Benefits
Some of the benefits associated with ending your probation in California early include:
- Increased travel opportunity
- Allows for expungement to be performed earlier
- Become eligible for student loans
- Become eligible for housing assistance
- Become eligible for more types of professional licenses and certificates
California Probation Termination Law
California Penal Code Section 1203.3
Penal Code 1203.3 (a) The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be subserved 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.
(b) The exercise of the court’s authority in subdivision (a) to revoke, modify, change, or terminate probation is subject to the following:
(1) Before any sentence or term or condition of probation is modified, a hearing shall be held in open court before the judge. The prosecuting attorney shall be given a two-day written notice and an opportunity to be heard on the matter, except that, as to modifying or terminating a protective order in a case involving domestic violence, as defined in Section 6211 of the Family Code, the prosecuting attorney shall be given a five-day written notice and an opportunity to be heard.
(A) If the sentence or term or condition of probation is modified pursuant to this section, the judge shall state the reasons for that modification on the record.
(B) As used in this section, modification of sentence shall include reducing a felony to a misdemeanor.
(2) No order shall be made without written notice first given by the court or the clerk thereof to the proper probation officer of the intention to revoke, modify, or change its order.
(3) In all cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the defendant shall at the end of the term of probation or any extension thereof, be by the court discharged subject to the provisions of these sections.
(4) The court may modify the time and manner of the term of probation for purposes of measuring the timely payment of restitution obligations or the good conduct and reform of the defendant while on probation. The court shall not modify the dollar amount of the restitution obligations due to the good conduct and reform of the defendant, absent compelling and extraordinary reasons, nor shall the court limit the ability of payees to enforce the obligations in the manner of judgments in civil actions.
California Probation Termination Requirements
Juvenile records show as part of your criminal history and they can cost you job opportunities, cause you embarrassment, and have other harmful affects. California allows for the sealing of juvenile records under Welfare and Institutions sealing your records can prevent these harmful consequences.
Whats on your record?
The first step to removing your criminal record is to find out what, if anything, is showing up on your criminal background. If you are unsure of what exactly is holding you back from jobs or any of lives other opportunities we highly recommend visiting our partner, BackgroundChecks.com, where you can get a full national criminal history background check for a super low price.
