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  1. #1
    Join Date
    Nov 2009
    Posts
    10

    Default Early Termination of Probation

    I was convicted of a felony dui on november 5 2008. I was given 5 years probation and a strike on my record. Since then its almost been 3 years and i have had no violations. I have payed of all my fines and have done what the courts asked me to do. Also i have no priors. When it goes over the 3 year mark i want to file for early termination and expungement. Im in california in san diego county. Any thoughts or advice?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Early Termination of Probation

    Be prepared to document your reformation, your total abstinence from alcohol, and the support network that helps you maintain your sobriety.

  3. #3

    Default Re: Early Termination of Probation

    3 out of 5 years? I got denied last year and I was barely over the halfway point of 3 years (Misdemeanor DUI) in July 2010. My date was 11/08/2008

    The hearing was bad.
    Judge firstly commented I was probably going to seek an expungement right after, and of course I was, the paperwork was stapled to the termination motion he had in front of him. He then went into questioning about my profession and work since I focused on that.

    After all the questioning the Judge said I was doing everything right but I needed to continue to do so; said not enough time had passed. Judge told me to come back in 12 months and then HE would grant it. He added some stuff about public policy and I zoned out then to write what he said down. I think he was responding to my public policy argument in my points and authorities.

    I'm petitioning soon. I hope I get the same Judge and he sees the note he said he put in the file. Otherwise I should have pushed for an order that said that probation was modified to 2.5 years rather than have to refile at 2.5 years. Judges have discretion to do deny or do whatever.... don't listen to an attorney website saying 50% is the rule of thumb...... its still up to the Judge.

    Good luck dude..

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