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Copyright 2023, Thomson Reuters. A criminal record can affect job, immigration, licensing and even housing opportunities. Thanks to all authors for creating a page that has been read 64,111 times. California Penal Code 1203.4 PC Californias expungement law. You typically can complete legal service by mailing your documents to the prosecuting attorney's office using certified mail with returned receipt requested. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If you are eligible, she will file the motion immediately upon being retained and send it to the state, probation as well as the court. In some states, statutes limit the amount of time a judge can place a defendant on probation, such as a set number of years or the maximum length of incarceration allowed for the offense. Answering those questions completely and honestly can help the judge feel more comfortable granting your motion. However, over time, being on probation and having to complete the conditions of probation and abide by certain restrictions, such as not being able to leave the county where you live or having to continuously pay money for cost of supervision of probation along with court costs and possibly court fines, has become a big problem. If the judge revokes your probation, you will return to jail or prison. An attorney is your best option for getting off probation but not getting an increased sentence or fines. You always have the right to an attorney. Probation - Fair Work Ombudsman Can a probation officer terminate my probation if I paid all my - Avvo Parole is an early, conditional release from prison that is usually based on proof of good behavior by an inmate, among other factors. Usually, the early termination of probation process involves filing a motion with the court in which you were convicted requesting early termination. Once you are no longer a registered sex offender, California law does not allow the Department of Justice to continue posting your information on Megans Law. Do Not Sell or Share My Personal Information. Pursuant to Title 18, United States Code, Section 3583(e), the court, after taking into consideration certain factors, may terminate a term of supervised release and discharge you at any time after the expiration of one year of supervised release. A judge can award probation in both misdemeanor and felony cases. A sentence of probation can include jail time, but it is often an alternative to a jail or prison sentence. 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, your California criminal defense attorney must file a motion with the court and prosecuting agency at least two days prior to the date of the requested hearing.5, Additionally, your attorney should speak to the prosecutor about your case.