Early Termination of Probation

This page contains general answers to the most common questions about early termination of "straight probation" cases in Travis County, Texas. Early termination of deferred adjudication probation is handled differently.

• What is early termination of probation?
• How soon can someone apply for early termination?
• What are the requirements to qualify for early termination?
• What crimes disqualify someone from early termination?
• What is judicial clemency?

Please let me know if you have questions that are not answered on this page. Remember, this page contains only general information. Every case is different so you should consult a criminal defense attorney about the specific details of your case.

What is early termination of probation?

Texas law gives judges the authority to terminate probation early when a defendant meets certain qualifications. A defendant has no right to have his or her probation terminated early, however, so a judge may choose to require a defendant to serve the entire probation period, even if the defendant qualifies for early termination.

Examples of factors that a judge might consider when deciding to grant early termination include the seriousness of the crime, the defendant's overall criminal history, the opinion of the defendant's probation officer, the advice of the prosecutor, and the degree to which probation interferes with the defendant's employment or living circumstances.

Defendants discharged from probation are eligible for judicial clemency.

How soon can a person apply for early termination?

A qualified defendant may petition for early termination after completing one-third of the probation period or two years, whichever is less. However, a judge is not required to review the request until the qualified defendant has completed one-half of the probationary period or two years, whichever is more.

What are the requirements to qualify for early termination?

To qualify for early termination of probation, the defendant:

1. must satisfactorily complete at least one-third of the probation period;
2. must not be delinquent in payment of restitution, fines, court cost, or fees;
3. must complete court-ordered counseling or treatment;
4. must satisfactorily fullfill the conditions of probation; and
5. must not have been convicted of a disqualifying crime.

What crimes disqualify a person from early termination?

Probation may not be reduced or terminated early for the following offenses:

• DWI or other offense under sections 49.04 through 49.08 of the Penal Code
• Murder, Capital Murder
• Sexual Assault, Aggravated Sexual Assault
• Any felony with a deadly weapon affirmative finding
• Aggravated Kidnapping
• Unlawful Restraint or Kidnapping if the victim was younger than 17 years of age
• Indecency With a Child
• Online Solicitation of a Minor
• First Degree Injury to a Child
• Sexual Performance by a Child
• Continuous Sexual Abuse of Young Child / Children
• Possession or promotion of child pornography
• Prohibited Sexual Conduct
• Compelling Prostitution
• Repeat offenses of Indecent Exposure
• First Degree Criminal Solicitation
• Criminal Attempt, Criminal Conspiracy, or Criminal Solicitation to commit most of the offenses in this list
• Aggravated Robbery
• First Degree Burglary with intent to commit certain sex crimes
• Manufacture or Delivery of a Controlled Substance Causing Death or Serious Bodily Injury
• Repeat offenses of Manufacture, Delivery, or Possession of a Controlled Substance in a School Zone

 

What is judicial clemency?

When a judge discharges a defendant from probation, he may optionally set aside a guilty verdict (or allow the defendant to withdraw a guilty plea) and then dismiss the charges. Judicial clemency is rare and some judges are less willing to grant it than others. Unlike most types of dismissals, judicial clemency does not qualify a person for an expunction, where the records of the case are destroyed. The records will be used against the defendant under the following circumstances:

1. If the defendant is convicted of any future crimes, then the judge in that future case will be made aware of the fact that the defendant was previoulsy convicted or pled guilty in this case.
2. If the defendant has (or applies for) a school or childcare license, then the Health and Human Services Commission may consider the case when considering issuing, renewing, denying, or revoking the license.

A defendant that receives judicial clemency may be eligible to have the records of the case sealed by an order of non-disclosure under Texas Government Code 411.081 (f). For details see: Tex. Dep't of Public Safety v. J.H.J., 274 S.W.3d 803 (Tex.App.-Houston [14th Dist.] 2008, no pet.).

According to a recent decision from the Tenth Court of Appeals, a trial court retains authority to grant judicial clemency for only 30 days after discharging a defendant from probation. This limitation may or may not apply to Travis County, which is subject to the authority of the Third Court of Appeals (opinions from appellate courts in other districts may be persuasive but are not considered mandatory authority).