This page was designed to help answer questions about terminating probation early in Texas. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
Simply click on a question to view its answer:
While we cannot predict the definitive outcome, we have had success in more than 85% of our probation termination cases. The chances of success will depend on the amount of evidence we can submit showing your reform and law-abiding behavior. If you have completed at least 1/3 of your probation or two years (whichever is less), you are eligible to apply to terminate or reduce your probation period. Compliance with the terms of your probation increase the odds your case will be successful. We can evaluate your case for a fee that will be applied to the probation termination fee if you decide to sign up for the service.
The court considers criminal history, the amount of time spent on probation, your age, seriousness of the offense, compliance with other terms of the sentence, the need for relief, your behavior on probation thus far, whether you are delinquent on any court fines or restitution, the potential benefit to society, and any other relevant factors. 42.12(20)(a)
Requests are denied because (1) there was an inaccuracy in the court file and/or in the application, (2) the court does not believe that terminating your probation will be in the interest of society, (3) you violated your probation, or (4) you did not pay your fines. 42.12(20)(a-b)
No, the exact disposition does not matter when determining if you can terminate probation.
This depends on the type of recording cleaning that you would like. If you are simply asking for the charges to be “set aside and dismissed,” then you would be eligible the moment your probation is terminated. However, if you want an “expunction” or “nondisclosure,” there are other requirements that you must satisfy. Please see the pages on those services for more information.
This depends on the type of record clearing that you are requesting. We can file for a setting aside/dismissal at the same time and can offer you a discount if you decide that you would like both.
This depends on the type of recording clearing you are trying to get on the other case.
Terminating your probation can take approximately four to six months, depending on your the specifics of the case, the court’s workload and whether there are objections from the prosecutor or probation department.
The courts handle these petitions on a first-come, first-served basis. We will work to get your case before the judge as quickly as we can.
We would evaluate the reason why your request was denied and determine the best way to proceed, which could include waiting until probation terminates naturally or waiting longer to refile.
A licensed attorney will appear in court for you, however, judges in Texas will frequently require your presence. If you cannot attend the hearing, we can ask the court to excuse your presence, but this is not guaranteed.
You will receive a court order that terminates your probation and closes your case. Either at the same time or any time after that, you can petition the court to set aside and dismiss the charges.
No, we are unable to offer a money-back guarantee on our Texas probation termination service, because the process involves a substantial amount of work and sometimes several appearances in court. We cannot afford to offer the service for this low of a price and a money-back guarantee.
Yes, if your conviction is an offense that is eligible to be set aside.
Probation termination will not terminate the requirement to register. 42.12(20)(b)
Yes. In most cases when the court terminates your probation, your offense will also be set aside and dismissed, at which time you will be eligible to vote again, provided you are not serving a sentence for any other felony convictions (including being on probation or parole).
If the court sets aside and dismisses your conviction at the time it terminates your probation, then you will be eligible to possess/purchase a firearm again, provided you do not have other offenses on your record that make you ineligible. However, there is also a lifetime prohibition from the federal government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership for those convicted of misdemeanor domestic violence. The federal definition is different from definition in many states, so your domestic violence conviction in Texas might not trigger the federal law. Expungement and setting aside in Texas do not lift the federal prohibition.
Additionally, the Texas Supreme Court ruled that a conviction that has been “set aside” still counts as a conviction for purposes of getting a concealed handgun license in Texas. Therefore, you will be treated as if you were convicted when applying for a concealed handgun license even if the conviction was set aside.
Your background check will show that your probation was terminated and that you are not still serving a sentence. However, your case will still show as a conviction. In most cases, the judge will “set aside” your guilty judgment and dismiss the charges at the time he/she terminates your probation, in which case the records will reflect that the case has been “set aside and dismissed” as though you were never convicted of the offense. 42.12(20)(a)
The court will send the granted order to the Texas Department of Public Safety (DPS). The Texas DPS should then update their records to reflect that you are no longer on probation and the case is closed.
This varies among the agencies. The court will update its records and then send a copy to the Department of Public Safety (DPS). The DPS takes a few weeks to 30 days to update their records typically.