If you plead or are found guilty of a Misdemeanor offense in the state of California, it is highly likely that you will be sentenced to Informal Probation, also known as court probation.
If this happens, the court will order you to complete all the terms and conditions of your probation for a term of months, usually a period of three years, after which time the probation will terminate. However, if you have satisfactorily completed all orders of your probation, it is possible to have that probation terminated early, in other words before that term of three years has expired.
Penal Code Section 1203.3 allows the court to revoke, modify, change, or terminate probation. You must request a hearing with the court to state the reasons why terminating probation best serves the interests of justice. “Interests of justice” is determined by the judge who takes into account all circumstances including but not limited to your good conduct, whether you have complied with all their terms of your probation, whether you pose a threat to the community, whether you have reformed, and whether you have consistent employment amongst others. The court may then grant your motion for early termination of probation based on the persuasiveness of your argument.
Once the court grants early termination of probation you may then immediately qualify for an expungement (Penal Code Section 1203.4) which, with the right attorney, could all be completed at the same hearing.
For a free consultation with an attorney to find out if your probation may be eligible for early termination, contact The Law Offices of Bryan R. Kazarian without further delay.