How do I file a petition to terminate my probation sentence early under California Penal Code 1203.3?
To terminate your probation early, you file a formal petition with the sentencing court, providing evidence that you have completed all court-ordered requirements and have demonstrated good conduct.
Step 1: Confirm Your Eligibility
You are generally eligible if you have successfully completed at least half of your probation period (or a minimum of one year for misdemeanors and 18 months for felonies, whichever is less). You must have paid all fines, fees, and victim restitution in full, completed all programs like DUI school or counseling, and have not been arrested for any new offenses.
Step 2: Gather Supporting Documents
Collect evidence of your rehabilitation. This includes receipts proving payment of all fines and restitution, certificates showing completion of court-ordered classes, and recent pay stubs or school transcripts to show stability. Obtaining one to three strong letters of recommendation from employers, mentors, or community leaders can greatly help your case.
Step 3: Complete and File the Petition with the Court
Obtain and fill out the required court forms. Often, this is filed with a Petition for Dismissal (expungement) under PC 1203.4, using form CR-180, which you can find on the California Courts website. Check your specific county court’s website for any local forms or procedures. File the completed forms and all supporting documents with the clerk of the court where you were sentenced.
Step 4: Serve the Prosecuting Agency
You must formally notify the District Attorney's office and the Probation Department by providing them with a copy of your filed petition. After you have done this, you must complete a "Proof of Service" form and file it with the court clerk. This shows the judge you have properly notified all parties.
Step 5: Attend the Court Hearing
The court will schedule a hearing date, which you must attend. The judge will review your documents, listen to your request, and consider any arguments from the prosecutor. Be prepared to answer questions about your progress and why you believe your probation should be terminated.
Important details and nuances:
The court has the final say and can deny the petition; it is not a guaranteed right. Paying victim restitution in full is one of the most important factors the judge will consider. The stronger your evidence of positive life changes, the better your chances of success.
Warnings and limitations:
The process typically takes two to four months. Any new arrest or probation violation will almost certainly cause your petition to be denied. Some serious felony convictions are not eligible for this relief.
This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Criminal Law
Criminal charges, court procedures, and defendant rights
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