New Jersey Probation Termination Frequently Asked Questions

What will show up on my background check?

Your probation will show that it was terminated and you are not still serving your sentence. However, your case will still show as a conviction unless you also have your case expunged.

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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 or getting a license because you can truthfully state you are not serving a sentence or are on probation. However, to increase your chances you should also have your conviction expunged so you can truthfully state you are not convicted.

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What are my chances of success?

While we cannot predict the future, but 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 become. The more you have complied with the conditions of your probation and the longer you have been on probation, 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, your behavior while on probation thus far, the length of time you have been on probation, the need for relief, the potential benefit to society, and any other relevant factors.

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How long does the process take?

The process typically takes three to four months, depending on your individual circumstances, the court’s workload at the time, and whether there are any objections from the government. The court is required to hold a hearing before it can modify your probation in any way.

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, (4) the court feels you have not been on probation long enough, (5) you have violated one or more conditions of your probation, (6) you have not been paying court fines, or (7) you are otherwise not eligible to terminate your probation.

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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 guilty or no contest?

No, it does not matter.

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

No. New Jersey law allows a defendant who has been placed on probation to ask the court to terminate the probation at any time.

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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 may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

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What happens after my probation is terminated?

You will receive a court order terminating your probation and closing your case. The restrictions that were placed on you during the probation period will no longer apply. However, this does not mean your gun rights are automatically restored or that you could stop registering as a sex offender, if those things apply to you. Those are consequences of the conviction that are not removed by getting off probation or completing your sentence.

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How do the agencies know it was granted?

The court will issue an order discharging you from the probation and then update its records accordingly. Your probation officer, the prosecuting attorney, and other interested agencies will learn soon thereafter that you are no longer on probation, and then will update their records accordingly.

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

The court will update its records. Other offices and agencies will receive notice of the court’s order terminating your probation.

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

One of the requirements for expungement is that your probation is completed. If your probation is terminated early then this requirement is met. However, there are additional requirements that you must satisfy in order to get an expungement. Please take our free eligibility test to determine if you are eligible to expunge your conviction so you are no longer convicted.

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

Unless the offense you want to expunge is a very minor juvenile offense, there is a waiting period after getting off probation before you will be eligible to expunge that offense. The waiting period can be from 2 years to 10 years, depending on the offense.

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

Not necessarily. However, in most cases, you will not be eligible for an expungement if you have had multiple convictions. The exception is if your offenses consist only of “disorderly person” or “petty disorderly person” offenses and you have less than three. Please take the free online eligibility test to see if you are eligible.

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Will probation termination relieve me of the requirement to register?

If you have been convicted for an offense that requires sex offender registration, getting off probation will not release you from your duty 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 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 whatever information the United States has on record. 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?

Yes. In New Jersey, your voting rights are automatically restored once you complete your sentence. Getting an expungement will also restore your voting rights.

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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. Simply getting off probation will not restore you gun rights if you have been convicted of a gun-restricted offense. However, getting an expungement may restore your gun rights.

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