Motion for Early Termination of Probation (California Penal Code § 1203.3 PC)

Penal Code § 1203.3 PC gives judges in California the discretion to grant early termination of probation. If probation is terminated ahead of schedule, the court will often expunge your criminal record at the same time.

In felony wobbler cases, the judge may also reduce your felony to a misdemeanor.

The language of the statute reads:

1203.3. (a) The court has the 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 held. The court also has the authority at any time during the term of mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 to revoke, modify, or change the conditions of the court’s order suspending the execution of the concluding portion of the supervised person’s term.

Before terminating your probation early, the judge will want to ensure that:

1. You have successfully completed the conditions of your probation (such as fines, classes or restitution), and
2. There are circumstances that justify ending probation ahead of schedule.

Penal Code 1203.3 PC gives the court the discretion to grant a request for early termination of probation at any time during the probation period.² In practice, however, most judges want to see you complete at least 12 to 18 months of your probation before they will seriously consider closing your case.

Below, our California criminal defense attorneys explain the process to terminate probation early by answering the following questions:

• 1. How do I bring a motion for early termination of probation?
• 2. What are the benefits?
• 3. How soon can I request an early termination?
• 4. How does the court decide whether to grant the motion?
• 5. Can I get the case expunged at the same time?
• 6. What happens if I break my probation?
• Additional Reading

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. How do I bring a motion for early termination of probation?

California Penal Code 1203.3 PC authorizes a judge to grant your request to secure early termination of your probation.⁴

In order to obtain this type of relief, we would file a motion with the court and prosecuting agency at least two days prior to the date of the requested hearing.⁵

Additionally, we should speak to the prosecutor about your case. This gives us an opportunity to

1. explain why you are a good candidate to have your case closed, and
2. ask the prosecutor to support your motion (or at least not to oppose it).

At the time of the hearing, we would ask the judge to grant your motion for early termination of probation by explaining that:

• your “good conduct and reform” justify the request and
• terminating your probation would best serve the interests of justice.

In some instances, we will be able to appear on your behalf, and you will not be required to attend the hearing.  Though–depending on the circumstances–it may be in your best interest to be present. This is a strategy that we would discuss with you prior to filing the motion.

2. What are the benefits?

There are two major benefits to securing an early termination of probation.

The first is that the earlier you terminate your probation, the earlier you can expunge your criminal record. Once you obtain an expungement, you will be able to look for a job without having the conviction held against you by potential employers–among other benefits of an expungement.⁶

Depending on the circumstances, you also may be able to

• have your information removed from Megan’s List,⁷
• stop registering as a sex offender,⁸ and/or
• restore your gun rights.⁹

The second major benefit of obtaining early termination of probation is that the sooner you get off probation, the sooner you avoid possible probation violations. If you get arrested for any crime while on probation, the court can sentence you to jail or prison for violating your probation–regardless of whether you are even convicted of the new crime!

3. How soon can I request an early termination?

Penal Code 1203.3 PC gives judges the discretion to terminate probation “at any time during the term of probation.”¹⁰ Though the “unwritten rule” is that judges will not typically terminate probation until you complete:

• at least one year of a misdemeanor probation sentence, or
• at least 18 months of a felony formal probation sentence.

Of course, this is just a general rule for eligibility. Your circumstances may justify an earlier termination of probation under PC 1203.3 or require a later one, depending on when the judge believes that “justice has been served.”

For more discussion, see our article on How long does early termination of probation take?

4. How does the court decide whether to grant the motion?

According to Penal Code 1203.3 PC, the court may terminate your probation when your “good conduct and reform” justify doing so.

So what exactly does “good conduct and reform” mean?  As San Bernardino criminal defense attorney Michael Scafiddi¹¹ explains,

“Basically, ‘good conduct and reform’ means that you are not a risk to the public, and that you’ve learned from your mistake and are now moving in a positive direction.”

This usually means that you have successfully fulfilled all the terms of your probation, such as

• paying all fines,
• finishing court-ordered classes, such as domestic violence classes or DUI school,
• paying all victim restitution,
• completing your community service,
• completing counseling sessions, and
• satisfying any other requirements that the court imposed in connection with your probation sentence.

It also means that you have not been arrested for any other offenses (“staying out of trouble”) and that you demonstrate remorse for your actions.

Additional Factors Judges Consider

The judge deciding your PC 1203.3 motion will also weigh and consider such factors as:

• the severity of the conduct that led to the conviction,
• your criminal history,
• the district attorney’s opinion, and
• whether being on probation is causing you hardship.

Hardships that may persuade the judge to grant your motion may include that you are prevented from:

• obtaining gainful employment or receiving a promotion,
• traveling when you need to do so for work or to maintain family relationships,
• qualifying for a loan, or
• achieving or obtaining any other type of meaningful benefit.

The judge may also consider input from your probation officers and the prosecuting attorneys from the county district attorney’s office or the attorney general’s office.

5. Can I get the case expunged at the same time?

Most likely, yes. You are eligible for expungement of your criminal record when you are no longer on probation, as long as you are not

• currently charged with another criminal offense,
• on probation for another offense,
• serving a sentence for another criminal offense, or
• the case disposition prohibits early termination of probation.

When we file a PC 1203.3 motion, we typically petition the court for an expungement at the same time. (In felony wobbler cases, we also ask the court to reduce it to a misdemeanor.)

6. What happens if I break my probation?

If you allegedly violate your probationary terms in California, the court will hold a probation revocation hearing. This is like a mini-trial where the judge will decide if you are in violation. The judge can then either:

1. reinstate your probation under its original terms,
2. modify your probationary terms to make them harsher, or
3. revoke your probation and remand you to jail or prison to serve the rest of your sentence.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Legal and Extralegal Factors Associated with Success on Misdemeanor Probation – Open Journal of Social Sciences.
• Fugitives from Justice: An Examination of Felony and Misdemeanor Probation Absconders in a Large Jurisdiction – Federal Probation.
• New Directions in Misdemeanor Probation – Judicature.
• Felony probation: A re-examination of public risk – American Journal of Criminal Justice.
• Probation and Felony Offenders – Federal Probation.

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