California courts can, at their discretion, order the early termination of probation in a misdemeanor or felony case at any time during the probationary period. We can assist you in petitioning for early termination at any time after probation is imposed and arguing the matter before the judge. Normally, though, a court would prefer the defendant serve at least the first year of misdemeanor probation and at least the first 18 months of felony probation before even considering early termination.

Once probation is terminated or completed, you are eligible for expungement. Early termination of probation will also ease the danger of a probation violation. If you are accused of violating any criminal law while on active probation, the court can send you to jail on the probationary offense (even if you are not convicted of the new offense). Remember, there is no right to a jury trial for a probation violation in California; a judge decides. The standard of proof is a mere “preponderance of the evidence,” not the higher standard of “beyond a reasonable doubt.”