How do I file a motion to end probation (misdemeanor)?

[rakibyas]

What is the name of your state (only U.S. law)? STATE OF CALIFORNIA.

Hello !!!!

I was charged with a misdemeanor DUI back in 2005 (how ever the court did not decide till 2006). I have done all the things I was instructed to do (DUI School, SR 22 etc) my DUI fell off from the DMV back in July 2009. however when I went to the court to request to expunge the record they told me my probation is not up till 2010.

I need to find out the steps to be taken to file a motion to end the probation so that I can request an expungement.

Other than the misdemeanor DUI my criminal record is clean

Thank you so much for your help.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[HighwayMan]

What makes you think you can end probation before it runs out? I assume that it was part of the sentence?

I know California is a strange state, but I don't think you can file a motion to cut your probation short.

[ProSePA]

Below is the California statute that defines probation for a violation of driving under the influence. I added bold to the part that defines the length of probation that can be handed down. You should have received paperwork at the beginning of your probation that says how long you are on it for. Just from the years you stated, it sounds like it was a term of 4 years on probation. This would be in line with 23600(b)(1) since it is not less then 3 and not more than 5 years. You must wait until the term of your probation has ended, at which point you will receive a letter from the probation office that you are no longer on probation. This assumes you have met all of your obligations and responsibilities while on probation.

Cal.Vehicle Code § 23600

(a) If any person is convicted of a violation of Section 23152 or 23153, the court shall not stay or suspend pronouncement of sentencing, and shall pronounce sentence in conjunction with the conviction in a reasonable time, including time for receipt of any presentence investigation report ordered pursuant to Section 23655.

(b) If any person is convicted of a violation of Section 23152 or 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following:

(1) Notwithstanding Section 1203a of the Penal Code, a period of probation not less than three nor more than five years; provided, however, that if the maximum sentence provided for the offense may exceed five years in the state prison, the period during which the sentence may be suspended and terms of probation enforced may be for a longer period than three years but may not exceed the maximum time for which sentence of imprisonment may be pronounced.

(2) A requirement that the person shall not drive a vehicle with any measurable amount of alcohol in his or her blood.

(3) A requirement that the person, if arrested for a violation of Section 23152 or 23153, shall not refuse to submit to a chemical test of his or her blood, breath, or urine, pursuant to Section 23612, for the purpose of determining the alcoholic content of his or her blood.

(4) A requirement that the person shall not commit any criminal offense.

hope this helps you

[heyitsme]

just kidding

[BigMistakeFl]

You can also request to end probation early in FL, though here, it's up to your probation officer. He or she petitions the court, and you simply pay the remainder of your fines and probation fees. This only works if:
1) You have completed ALL penalties
2) Alcohol assessment finds no reason for further treatment
3) The probation officer and pretty much everyone there, likes you

Ok, it's not fair to use the word "likes"..... found you cooperative is probably better.