If you are trying to terminate your probation early in Oregon, we can help you understand the whole process. We even offer a probation termination service. You will find the answers to many probation termination questions below. Just click on a question to see its answer displayed.
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While we cannot predict the outcome of the case, we have been successful in most 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. If you would like us to evaluate your case and give you the chances of success, then we can do so for a fee that will be applied to the probation termination fee if you sign up.
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. State v. Crites, 70 Ore. App. 327 (Or. Ct. App. 1984)
A person must serve a minimum period of active probation supervision as provided in the rules of the Oregon Criminal Justice Commission prior to the termination of probation. If you committed a crime in Category 1 or 2, then you must complete a minimum of nine months of active probation supervision. If you committed a crime in Category 3, 4, or 5, then you must complete twelve months of active probation supervision. If you committed a crime in Category 6, 7, or 8, then you must complete eighteen months of active probation supervision. If you committed a crime in Category 9, 10, or 11, then you must complete thirty months of active probation supervision. (Or. Admin. R. 291-206-0015)
After a person has met his or her required waiting period, a judge may terminate misdemeanor probation at any time that the judge feels that it is in the interest of society to allow the person to be discharged and the purpose is probation is no longer being served. (Or. Admin. R. 291-206-0015)
In addition, a person may become eligible to terminate his or her felony probation or the legal and physical custody of the supervisory authority upon (1) complying with the terms of supervision, including payment of restitution, and (2) participating in recidivism reduction programs.
We will be glad to work with you to get a copy of your record and review what can be done. We charge a researching fee and we apply that to the cost of any service that you hire us to perform.
Typically, most cases take about four to six months depending on how busy the court is, the circumstances surrounding your case and whether the District Attorney or probation officer objects or not.
Cases are denied for the following reasons: (1) an inaccuracy in the court file, (2) an inaccuracy in the petition, (3) the court does not believe an expungement will be in the interest of society, (4) probation was violated, or (5) fines were not fully paid.
Yes. If you are on probation for a felony conviction, then you are required to serve a minimum period of formal supervision before you are eligible to have your probation terminated. The required minimum waiting period depends on the seriousness of your offense. If you are on probation for a misdemeanor conviction, then you probation is eligible to be terminated at any time. The judge will terminate you probation if he or she feels that the termination is in the interest of society. ORS 137.545(1) Or. Admin. R. 291-206-0015
One of the eligibility requirements for expungement is that you cannot still be on probation and serving your sentence. Once your probation is terminated you may become eligible for expungement if you also meet the other eligibility requirements for expungement as well. Please take our free eligibility test to determine if you are eligible to expunge your conviction after your probation is successfully terminated. ORS 137.225
We may file for probation termination and expungement at the same time if three years have passed from the date of judgment. ORS 137.225.
Yes. In order to file for expungement of any cases you can’t be on probation for any offenses in any case.
Typically, the process takes about four to six months. 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 district attorney 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 district attorney in anything they need to get your case heard and decided.
The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner your case is heard and decided. We would be glad to write your employer or potential employer a letter letting them know we are in the process of having your probation terminated.
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. Waiting until probation is naturally terminated or waiting longer to refile are examples of other options that may be beneficial to obtaining the relief that you seek.
No, the court does not require a court appearance to terminate probation.
OAR. 213-005-0010 (2)
You will receive a court order terminating your probation and closing your case. This also might make you eligible for expungement.
Probation termination will not terminate the requirement to register. ORS 181.596
In Oregon, you may vote as long as you are not incarcerated, on parole, or serving a sentence in a federal correctional institution. Therefore, you may vote while on probation.
ORS § 137.281, State v. Guzman, 164 Ore. App. 90 (Or. Ct. App. 1999)
You may not own a firearm if you are currently on probation; however, if you are not otherwise restricted from owning a firearm (for example, if you have a felony conviction, or if you are subject to a federal ban), then terminating your probation will restore your firearm rights.
Your background check will show that your probation was terminated and that you are not still serving your sentence. However, your case will still show as a conviction unless you also have your case expunged.
The court will send the granted order to the Oregon Department of State Police who will then update their records along with the criminal records databases to reflect that your probation has been terminated and your case has been closed.
ORS 181.066 (4) ORS 181.555 (4)