Florida Probation Termination Frequently Asked Questions

What will show up on my background check?

Your probation will show that it was terminated and you are no longer serving your sentence. However, your case will still show up on a background check unless you have your case sealed.

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Can I become a schoolteacher, nurse, or other occupation?

Having your probation terminated early will increase your chances of being hired because you can truthfully state you are not serving a sentence or on probation. However, to increase your chances you should also have your conviction sealed so you can truthfully state you do not have the case on your record.

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What are my chances of success?

While we cannot predict the outcome, we have been successful in many of our probation termination cases. The more supporting evidence that you have of your reform and law abiding behavior the better your chances of success are. The more you have complied with the requirements of your probation thus far, the higher your chances of success. If you would like us to evaluate your case and give you the chances of success then we can do so for a fee and it will be applied to the probation termination fee if you sign up.

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What factors does the court consider?

The court considers criminal history, amount of time spent on probation, your age, seriousness of the offense, compliance with other terms of the sentence, the need for relief, the potential benefit to society, and any other relevant factors. The law allows the judge to terminate your probation whenever it is in “the best interests of justice and the welfare of society.”

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How long does the process take?

The process typically takes three months, depending on your particular circumstances, the court’s workload at the time, and whether there are any objections from the state.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

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Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having the probation terminated.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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What if I don't know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service you hire us to perform.

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What is the main reason that it is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society or the welfare of society to terminate your probation, (4) you have violated one or more conditions of your probation, or (5) you are not not paying fines.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. It may be best to wait until probation is naturally terminated or wait longer to refile.

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Does it matter if I pled guilt or no contest?

No, it does not matter.

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Does it matter if I am on formal or informal probation?

No. It does not matter what “kind” of probation you are on, or even what the conditions are. If the judge feels that you are worthy to be released from probation, the judge can (in most cases) grant your petition to terminate your probation.

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Does probation termination have a money back guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.

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Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

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Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay, (2) handle objections from the district attorney, (3) send an attorney to court to argue the case if need be, and (4) write letters to potential employers letting them know that we have petitioned the court to terminate your probation early.

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Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

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How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the case before a judge. Although some of the questions seem simple, if you provide more information and detail in your answers then we are better able to argue the case in your favor.

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What happens after my probation is terminated?

The court will issue an order discharging you from probation and lifting the restrictions that were placed on you. After that, you may be eligible to have your case sealed.

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How do the agencies know it was granted?

After the court has entered its order, notice will be sent to your probation officer, the Florida Department of Law Enforcement, the prosecuting attorney, and other interested parties so that they can update their records accordingly. It is a good idea to keep a certified copy of the court order for your own records in case you need to provide it in the future.

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How long does it take for the records to be updated?

The court will be the first to update its records. Other offices and agencies will update their records once they receive notice of the court’s order.

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Can I seal or expunge the conviction if I am granted probation termination?

If you were placed on probation then you will not be eligible for expungment because in order to be eligible you cannot be convicted of the crime or receive a withholding of adjudication, which you are if you receive probation. In order to be eligible for record sealing, you had to have received and completed withholding of adjudication with the probation. Please take our free eligibility test to determine if you are eligible to seal or expunge your case.

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Can I file for the sealing at the same time as filing for probation termination?

No, because Florida law does require that you obtain a “certificate of eligibility” from the Florida Department of Law Enforcement before you apply to the court to seal or expunge a case; therefore, your application to terminate probation must be granted before you can apply for sealing. However, if you sign up for the two services at the same time then we can give you a discount.

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Does my probation have to be terminated if I want to seal or expunge a different case?

Not necessarily. You cannot be still serving probation for the case you want to seal, but being on probation for an unrelated case may be okay. However, if you did not receive a withholding of adjudication for the case you are currently on probation for, and were instead convicted, then you are not eligible to expunge or seal any other case.

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Will probation termination relieve me of the requirement to register?

Probation termination will not terminate the requirement to register.

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Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance into Canada and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have the same information as the United States. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible, through probation termination and expungement, before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

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Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in record clearing could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

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Can I vote after this?

In Florida, you only lose your civil rights (including your voting rights) if you have been convicted of a felony. If you are on probation for a felony, getting off probation will not automatically restore your civil rights. You need to submit a separate application. Please see the section on civil rights restoration.

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Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases at this time.

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Will this restore my right to own a firearm?

No. If you have been convicted of an offense that caused you to lose your gun rights, getting off probation will not automatically restore your gun rights in Florida. You need to apply separately for that service. Please see the section on gun rights restoration.

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