Early Termination of Probation: What Considerations Does the Judge Make?

Disclosure: Always seek legal counsel from an attorney.

Being on probation can have a dramatic negative impact on a person’s life. He or she may have difficulty finding housing and employment, even in today’s period of economic recovery. The best bet for convicted offenders on probation is to try to end their probation periods early and seek expungement of their convictions so they don’t have to explain their past mistakes to landlords and employers, but that’s not always easy.

Taking the First Step

Those who are interested in early termination of probation can investigate their options by scheduling a consultation with an Austin Criminal Defense Lawyer. A good lawyer will be straightforward with his or her client about the chances of getting probation terminated or having the criminal record expunged. If the lawyer thinks there’s little chance of success, he or she may not take the case. Otherwise, the client will be advised on how to move forward with petitioning a judge.

When is it worth hiring a lawyer?

Judges have discretion when it comes to granting or denying motions to terminate probation. Unfortunately, most Texas judges have become less lenient in recent years, which can make it even more challenging for convicted criminals to get a fresh start. Some judges deny almost every motion, while others are more willing to take a keen look at the request and give it serious consideration.

Most judges will not give serious consideration to requests to end probation early when probationers have completed less than half their probation periods. Similarly, there’s little chance of being granted an early termination if the person has not fulfilled 100% of the terms and conditions of probation, which can include anything from performing community service and paying fines to completing court-ordered classes.

If the person has fulfilled the terms and conditions of his or her probation and the probation period is more than halfway over, it’s worth speaking with a lawyer. If it’s only been a month or two since the probation period was imposed or the person requesting early termination has yet to finish court-ordered classes or community service, it’s best to wait to file a motion until it has a better chance of success.

When Judges Consider Early Termination

Texas law indicates that judges have discretion as to when to terminate probation early, but they are supposed to consider a few key factors. Most importantly, they are supposed to grant motions for early termination if it will serve justice and when the person requesting it has exercised good conduct throughout his or her probation period. The implication in these cases is that the probationer has been truly reformed and warrants a second chance.

When does terminating probation early serve justice?

There are some circumstances when it’s generally accepted that early termination of probation will serve “the ends of justice.” If, for example, someone wants to join the U.S. armed forces and receives an offer contingent upon the termination of probation, it would serve justice to end his or her probation period early as long as the rest of the terms have been met.

Given that few convicted criminals actively want to join the armed services, the circumstances in which this particular scenario actually comes up are relatively rare. There are, however, some other justifications for ending probation early that will suffice. If the facts or circumstances of a probationer’s life have changed in unforeseeable ways, that will work in his or her favor.

Probation as a Contract

Probation can be viewed as a contract between the judge and the probationer. The only time it makes sense to change the terms of that contract is when the circumstances have also changed.

If a person cannot meet current job requirements because he or she is on probation, for example, that’s a change in circumstance that might warrant consideration. Similarly, if a client loses his or her job and cannot find new employment due to potential employers refusing jobs to probationers, the judge may take that into account. People seeking professional licenses that would be denied if they applied for them while on probation may also be more likely to have their motions granted.

No Guarantees

Since judges are granted discretion as to when to terminate probation early, there’s no guarantee that any particular motion will be granted. Some hostile judges deny motions that seem to be sound because they believe just about any change in life circumstances that could affect or be affected by the probation period should have been foreseeable. Others view probationers who were offered favorable plea bargains but seek to end their probation early as being overly audacious.

As a general rule, those who have never been on probation before and have not violated any of the terms of their current probation periods have the best chances of getting an early termination and expungement of their records. People who have violated probation in the past or who may be considered a risk to public safety are unlikely to see their motions granted. It’s still worth contacting a lawyer to discuss options.

Lawyers File Every Motion Carefully

Defense lawyers must learn the ins and outs of every probationer’s case before filing a motion for early termination. They must also have a feel for how the individual judge will respond. The judge’s general demeanor and personal prejudices often play significant roles in determining whether a motion will be granted. Lawyers may be able to use their knowledge not just of the law and the legal system but also of individual judges to craft motions that will appeal to each one’s sense of justice.

The Bottom Line

Being on probation can have more of an impact on a criminal defendant’s life than he or she expected before accepting a plea agreement. Unfortunately, that’s not enough to justify early termination of probation. Most judges will only consider granting motions for early termination if they are justified by discernible changes in the probationer’s life or employment options, and if the person filing the motion has met his or her probation terms.