Probation termination

[Charles Moore]

Jurisdiction

California

I was convicted of disturbing the peace 11/14/13. I've paid all fines, done required community service, completed my required 52 batterer's intervention classes. Additionally, I was placed on 3 years summary probation but I would like to get it terminated. How do I go about seeing a judge to do this and do I need a lawyer? Keep in mind that this is the only thing on my record.

I want to know how to go about arranging to see a judge to get my summary probation terminated. It was part of the punishment I received for my disturbing the peace conviction on 11/14/13 along with 8 hours community service (completed) and 52 batterer's intervention classes (completed). I would also like to know if I would even need an attorney, seeing that this is the only thing on my record.

 

[army judge]

I want to know how to go about arranging to see a judge to get my summary probation terminated. It was part of the punishment I received for my disturbing the peace conviction on 11/14/13 along with 8 hours community service (completed) and 52 batterer's intervention classes (completed). I would also like to know if I would even need an attorney, seeing that this is the only thing on my record.

Your probation officer recommends the termination of probation to the judge.
Its automatic, as long as you've completed any required courses and behaved yourself.
I suggest you ask your PO about when your probation will formally end.

If you were on unsupervised probation, it ends automatically as long as you've been a good lad or lassie.

If you're asking about expungement or expunction of your record, I suggest you discuss your desire with a lawyer.

You can even seek an expungement pro se.

This might help you better understand what an expungement is and isn't:

What is an expungement?

The first thing that someone who wants to apply for an expungement needs to understand is that if your petition is granted under Penal Code 1203.4, your case is not sealed. A criminal record is not actually "expunged" under this statute. That term implies complete erasure, as if the case had never occurred. A more proper term is "dismissal". The conviction remains on your record for many purposes, including sex offender registration and immigration consequences. What the statute provides is, except as elsewhere stated, the defendant is 'released from all penalties and disabilities resulting from the offense'. There are numerous limitations to this relief.

FAQS-Expungement

Don't expect the expungement, assuming you achieve it, will remove the stain of any conviction.

I'll let you read about expungement in CA, then you can ask a lawyer in your county about it. Don't be misled, your record will never be sparking clean, again, no matter what you may hear or read. Once they getcha, they never let you go:

Cleaning Your Record - criminal_selfhelp

http://saclaw.org/wp-content/uploads/sbs-expunging-criminal-records.pdf

FAQS-Expungement

Expungement of Criminal Records in California

 

[Charles Moore]

The length of my probation is 3 years and I wasn't assigned a probation officer. Also, mine is unsupervised. I wanted to know about getting it terminated because I am applying for a job where even being on summary probation might be a problem.

 

[army judge]

The length of my probation is 3 years and I wasn't assigned a probation officer. Also, mine is unsupervised. I wanted to know about getting it terminated because I am applying for a job where even being on summary probation might be a problem.

You can petition the court to terminate your probation early.
I suggest you discuss the matter with a lawyer, because a compelling legal argument must be made to convince the judge that you have paid your debt to society, nor would any societal benefit continue to be served to keep you dangling, you have learned your lesson, and if you were terminated you could immediately be gainfully employed!

It will also require a letter from the employer indicating a job would be offered as soon as your probation was terminated.

A couple letters of recommendation from respected members of the community attesting to your improved character (physician, attorney, accountant, nurse, minister, imam, rabbi, teacher, police officer, businessperson, etc...), and that you have learned from your legal problems.

Finally a letter from your counselors and instructors who taught at your "batterer's class". Any other therapist you may have seen, attesting to your rehabilitation.

 

[Charles Moore]

Thank you very much for your help. It was greatly appreciated.

 

[army judge]

Thank you very much for your help. It was greatly appreciated.

You are most welcome.
Now, go get that job and use the law to set yourself free.