California Probation Termination FAQFrequently Asked Questions

Find the answers to all of your California probation termination related questions here. If just want to know if your probation is eligible for early termination, please take our free online eligibility test..

Simply click on a question to see its answer:

• Probation Termination Eligibility

  • What are my chances of success in having my CA probation terminated early?

    We cannot know what will happen in any specific case, but we have had success in most of our probation termination cases. If you have evidence that we can point to that shows your reform and law-abiding behavior, you will have a higher chance of success. If you would like, we can evaluate your case and estimate the chances of success for a small fee. The case evaluation fee would then be applied to the fee for the probation termination if you decide to move forward with the termination service.

  • What factors does the court consider in deciding to terminate my CA probation early?

    The court will consider your entire criminal history, the amount of time on probation you have completed, your age, the seriousness of the offense, whether you have complied with the other terms of the sentence, if you have a specific need for the relief, the potential benefit to society, and any other relevant factors.

  • What is the main reason that my case would be denied?

    Your request to terminate your probation early can be denied for the following reasons: (1) the court does not believe terminating your probation serves the interest of society, (2) you have violated the terms of your probation, (3) you have not fully paid off your fines yet, or (4) an inaccuracy in the court file or in the petition.

  • Does it matter if I am on formal or informal probation?

    No. We can petition to terminate your probation regardless of whether you are on formal or informal probation.

• Probation Termination and Expungement

  • Can I expunge the conviction if I am granted probation termination?

    One of the requirements for expungement is that your probation is completed. If your probation is terminated early, then this requirement is met. You can take our free eligibility test to find out if you are eligible to expunge your conviction so that you are no longer considered convicted of the offense. (PC 1203.4)

  • Can I file for the expungement at the same time as filing for probation termination?

    Yes. In most courts we can file for them at the same time and can offer you a discount on the expungement if you sign up for the two services together.

  • Does my probation have to be terminated if I want to expunge a different case?

    Yes. In order to be eligible for an expungement of any of your cases, you cannot be on probation at the time of the petition for any case. (PC 1203.4)

• Working with RecordGone.com

  • Does probation termination have a money-back guarantee?

    No, we cannot afford to offer this low of a price in addition to a money-back guarantee, because probation termination involves a large amount of work to prepare the case and can require several appearances in court by our attorneys.

• Probation Termination Process

  • What if my case is denied?

    If your probation termination is denied, we will evaluate the reason for the denial and advise you on the best way to proceed. The options could include refiling with more supporting evidence or waiting until more time has passed, depending on how far into your probation term you currently are.

  • Do I have to go to court?

    No, we go to court for you to argue in favor of having your probation terminated. If you are unable to attend the hearing and the court requests your presence, we will file a motion to excuse your appearance.

  • What happens after my probation is terminated?

    You will receive an order from the court which has been signed by the judge that terminates your probation and closes your case. After your probation is terminated, you may be eligible for an expungement.

• Benefits of Probation Termination

  • Will probation termination relieve me of the requirement to register?

    Terminating your probation does not terminate your registration requirement. (PC 290(c))

• Updating of Records and Background Checks After Probation Termination

  • How long do records take to be updated after my probation is terminated?

    After the judge grants your petition, the court updates their records within 48 hours to show that your probation has been termination. The California Department of Justice (DOJ) has up to 30 days to update their records. However, the DOJ typically updates their records before the 30 day limit expires.

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Comments (5)

Topic: California Probation Termination FAQ

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Tom M.

14th November 2015 12:58pm

I was convicted of a "wet and reckless" felony in San Diego on 9/30/2014. I am 70 years old, 2 heart attacks and recent prostate cancer surgery. I have had a perfect driving record and other besides this. I would like to do more volunteer work, but many non-profits do not want anyone with a felony record. Would I have a good chance for early termination, or should I wait until 1/2 of my 3 year probation is up 3/31/2016.

Admin:

We generally advise waiting until at least 1/2 of your probation term has been served.  Please contact our office by phone to discuss your case.

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Thomas C.

28th March 2015 2:03am

I am on formal probation for a felony DV case. I just finished classes and my probation and class reports are all excellent. PO suggested & encouraged dropping to court probation. At review, the judge commended my efforts but because it is a felony he made no change in probation. Does probation have authority to change?  Because I have no future court dates, only probation check ins.

Admin:

To make any official changes to your sentence, including the type and duration of probation, an order must be signed by a judge. The probation office did what they could be supporting your request to change probation to nonreporting, but because the judge denied it, you must continue reporting to probation for your check ins at this time.  If you are interested in terminating probation and are approximately halfway through the term, please contact us to discuss probation termination at this time.

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Jeff Gorski

15th December 2014 8:48am

My daughter was on informal probation for 2 years for a misdemeanor with an ending date of April 1, 2014. She has had no violations, has paid all fees and has had a clean record since. Today she was at work and there was a break in by a homeless man and she had to talk to the police. They searched her because they said she was still on informal probation. How can we clear this up so that it doesn't happen again.

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Michelle

5th November 2014 3:43pm

If early probation termination is denied, do you refile for expungement at the end of probation at no cost or do I have to repay the cost of expungement? Granted, I asked for early termination and expungement at the same time.

Reply

Jenna Thorne

1st December 2014 9:18pm

If you sign up for a probation termination and expungement and the court denies your probation termination, we will refile to expunge your case at no additional cost once your probation expires naturally.

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