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Probationers who have not served at least half of their probationary sentence, who have pending misdemeanor or felony charges against them, who are serving a sentence for another offense, or are currently on probation for another offense.
An expungement is a procedure in which a defendant may petition the court to withdraw his or her guilty plea and have the case dismissed.
If your petition for early termination of probation is granted, you will be eligible to expunge your criminal record.
You have only have one avenue to try, hire an experienced criminal defense lawyer that can file a motion for early termination of probation and request a hearing on the matter.
At Monder Law Group, our firm knows exactly what evidence is necessary to convince the court that you are a good candidate for early termination of probation.
Both summary and formal probation may be eligible for early termination.
Summary probation is considered an informal form of probation because the court does not mandate supervision of the probationer by probation services.Terms of probation are the specific conditions the court will impose during your probationary period for your conditional release.Some of the most common terms of probation require you to agree to the following: Probation is a sentencing alternative that the court may choose to impose in lieu of confinement.Probation services will monitor your rehabilitation during the entire term of your probationary period. constitution establishes “the right of the people to be secure in their person, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by an oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.” In the criminal justice system, the fourth amendment is limited for convicted felons who are out on probation.Formal probation is a sentencing option available for felony offenses that can last anywhere between three and five years. This is because probationers are required to sign a temporary Fourth Amendment Waiver as a condition of their release.It is very important that you understand that the Fourth Amendment Waiver remains valid until the court terminates your probationary period, at which time your fourth amendment right to privacy resumes.In San Diego early termination of probation is governed by Penal Code Section 1203.3, the law states that “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 when the ends of justice will be subserved thereby, and when the good conduct and reform of the person on probation shall warrant it, terminate the period of probation, and discharge the person so held.” This means that the court has complete discretion to regulate your conduct while on probation and to decide whether you are eligible for early termination of your probationary period.If you are on probation, this means that you have accepted responsibility for your actions and should be allowed to turn your life around.What do you do if abiding by the court’s probation terms is costing you your livelihood?There are two different types of probation that the court may apply, summary and formal probation.Which type of probation the court will apply depends on the severity of the offense that a defendant is convicted of.