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Should I tell my probation officer that I intend to file a motion for early termination and expungement?

Santa Barbara, CA |

I think it could be a good idea but I also realize that it might not be wise to inform them about it in advanced considering they have very little say in whether or not it gets terminated once it moves to the court room.

Pros: If the probation officer is on board with the early termination, I could get their endorsement and thus facilitate a smoother termination process.

Cons: If she is not on board with it, then she will know that I intend to get it terminated and may take efforts to block it once it gets to court.

Perhaps I am understanding the procedure incorrectly but my assumption was that it is motioned for in court in a very brief hearing and the probation officer is then put on the spot to say yes or no but will be pressured to grant it if the judge sees no objections.

Attorney Answers 4

  1. Best answer

    It's really hard to say without knowing more. However, you are required to serve your pleading on your probation officer (so the idea that they're going to be "blindsided" in court is not accurate if you intend to play by the rules).

  2. I would not tell your probation officer about it because it suggests you think you are special and merit different treatment.

    Probation is a deal between you and the judge. The probation department administer the deal. I would simply file the motion. If the judge needs a probation officer's report, he or she will make the request.

  3. Probation does have a say. But it's worth a try.

  4. I've got news for you - probation will know. The judge will seek input from probation re: your performance while on probation.

    My thought is you're better off making nice with your PO and seeking their backup.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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