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California Early Termination of Probation and Conviction Expungement – Penal Code Section 1203.3

If you have been convicted of a crime in California, you or your legal representative may apply to have your conviction expunged under the California Penal Code Section if certain requirements are met.

If you have been granted probation and have not completed all the terms of your probation, you may still be eligible for expungement if your probation term is ended early pursuant to Penal Code Section 1203.3.

Why Should I Apply For Early Termination Of Probation?

Most people seek to apply for early termination of probation in order to have their criminal conviction expunged and set aside. There are a variety of reasons to have a criminal conviction expunged, such as when people apply for professional licenses in the State of California.

What Types of Convictions Are Not Eligible For Expungement?

Expungement depends on a variety of factors, including the nature of the offense, completion of probation, and whether jail time was required as a part of the sentence.  Some offenses are not eligible for expungement and include:conviction under

California Vehicle Code Section 42001(b) which includes sections 2800, 2801 and 2803; and
Penal Code Sections 261(d), 286(c), 288, 288a(c), 288.5 and 289(j).
Additionally, if you were convicted of an offense that resulted in a State Prison sentence, you will similarly not be eligible for expungement, but may be eligible for a Certificate of Rehabilitation from the California Board of Prisons and a pardon.

When Does Penal Code Section 1203.3 Apply?

Penal Code Section 1203.3 may be applied to for early termination of probation

You were convicted of a misdemeanor;
You were granted probation;
You completed your probation successfully to date;
You paid all of your fines; and
You otherwise completed the terms set forth by the Court.

What If You Had Problems Completing Probation?

If you had problems completing the terms your probation, applying for early termination of probation is probably not the best course of action, as your application will likely be denied. You may still try to apply for early termination and if your application is denied, you may apply again later when you have completed a larger portion of your probationary terms.

How To Apply For Early Termination Of Probation Under PC 1203.3?

You may apply for early termination of probation by contacting an attorney to prepare the documentation and file it for you, or you may go down to the courthouse where you received your conviction and ask for an early termination of probation packet. Make sure to have your case number and all of your personal information available to provide in the application. Certain fees and fines may apply and you may also apply for a fee wavier if you are unable to pay the fees.

What Is The Full Text Of Penal Code 1203.3?

(a) The court shall have 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

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