probation officer instructed me to report back to him in 2015 and he was be letting me off probation and would give me at that time to take to the DA to expunage. I will have only been on probation for 5 yrs come 2015. Is this normal.
If you are on probation, the only person who can take you off probation early is the judge. You would need an order from the court stating your probation has terminated. The probation officer has the discretion to make your probation "non-reporting" meaning you don't have to show up every month and pay the supervision fee. I would recommend filing a motion to terminate probation once you have served five years on probation and had no violations.
Always follow your probation officer's instructions. Here I would follow up with the probation department to see what the written probation report specifies. Get a copy. Have it in hand to go by. Always follow up with any questions (like this) with your PO to be sure. Take Care!
There is no "normal" as each case depends upon a number of factors, and each case reflects the thoughts and views of the PO assigned to oversee it.
That having been said, Attorney Wallace is 100% correct. Because your PO has wide discretion to enforce the Terms and Conditions of your Probation, Following the PO's instructions, to the letter, is always the best policy.
Best of luck to you.
Christopher I. Simser, Sr.
Syracuse - Albany - Rochester - Buffalo
First - Always do what your Probation/Parole Officer tells you to do. If your Probation Officer tells you to report after 5 years, then you should report.
Second - A Motion to Terminate Probation would have to be presented to and entered by a Superior Court Judge in order to terminate your probation early. If your Probation Officer believes that you qualify for early termination of probation then you have a good chance that a Judge would agree. You should also check your original sentencing paperwork. There is a possibility that it include an early Termination of Probation provision after 1/2 of your sentence has been served.
Third - Under the current Georgia statutes, you cannot have a 1st Offender sentence Expunged from your criminal history. Unfortunately, it will remain on your Criminal History for the rest of your life.
Good Luck on the Early Termination of your probation!
George McCranie www.mccranielawfirm.com
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