How to get off probation early 1203.3, and get case dismissed 1203.4 at same time.

Asked over 4 years ago - Los Angeles, CA

I am looking to get of probation early. i understand i have to make a motion using pc1203.3 . However i also want to get case dismissed by using 1203.4 , or if nothing else use 17(b) to reduce my crime from a felony to misdeamoner. i understand that i got to go to court and file with clerk and schedule a day for the judge to se me. i have letter, etc. what confuses me is can i do all at same hearing. do i check that i want to use pc 17(b) for felony reduction, or 1203.4 for dismissal, or both. my sentence was suspened. i was placed on probation, no prison time. i am well prepared just need procedure.

Attorney answers (2)

  1. Brian C Andritch

    Contributor Level 13

    Answered . Expungement motions, Penal Code Section 1203.4, can be made using Judicial Council forms which it sounds like you have already. However, in my experience when you are asking for something above and beyond what is normally granted a more formal written motion is often more successful.

    You make a motion for early termination of probation at the same time you make the PC1203.4 motion. Penal Code 1203.3 details the procedure regarding early termination of probation.

    Practically speaking though, you need a compelling reason why probation should be terminated early. If you do not have a compelling reason the motion to terminate probation early will likely be denied. Examples of compelling reasons are things like, wanting to enlist in the military or just graduating from college and are applying for a state license.

    Brian Andritch

  2. Robert Lee Marshall

    Contributor Level 20

    Answered . From what you posted, you may not eligible to reduce your felony to a misdemeanor under Penal Code 17(b).

    Some felonies, commonly known as "wobblers," can be charged as felonies or misdemeanors. Only wobblers can be reduced.

    However, you say your sentence was suspended. Did the judge actually sentence you to prison, but suspend the sentence and put your on probation? This is known as suspending the EXECUTION of sentence and is commonly called a "joint suspension" in some areas. If that happened, you are ineligible to reduce the misdemeanor.

    However, if the judge did not impose a suspended prison sentence, but left the issue open until there is a violation, you would be eligible for a reduction if your conviction was a wobbler. This is called suspending IMPOSITION of sentence.

    If you successfully complete probation, you are entitled to the 1203.4 dismissal, but the judge doesn't have to grant a 17(b) reduction. The issue is complicated enough that you would probably do better with an attorney's help.

    I also agree with Mr. Andritch that you will have to show the judge a pretty good reason to terminate probation early.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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