In Missouri, if you are on probation, you may qualify for early probation termination depending upon the charge or conviction you are currently serving a term of probation for, how well you are doing on your probation, and whether you have fulfilled all court-ordered requirements. In most cases, individuals who have completed at least three years of probation and fulfilled all requirements, including payment of all fees and restitution, may be eligible to petition the court for early termination. All court-ordered fees must be paid to be considered for early release, and every term of probation must be fulfilled before the court will consider a request to terminate probation early. In 2012, Governor Jay Nixon signed HB 1525, which allows a term of probation to be reduced by thirty (30) days for each month you are compliant with supervision, if you are eligible.
To begin the process, individuals or their attorneys may file a petition or detailed report with the court to request early probation termination. Filing a detailed report or motion is an important step in persuading the court to grant early release. The probation department may also provide a report or recommendation to the court regarding early termination, but the decision to terminate probation is at the discretion of the judge. The judge will review your case, considering factors such as the nature of your original conviction, any subsequent crime, and whether you have violated probation. Being arrested for a new crime or if you violate probation can negatively impact your chances for early release. The judge is responsible for deciding whether to grant early probation termination, and this is not automatically granted—it is subject to the discretion of the judge or probation officer.
A defense attorney may communicate with the prosecutor and appear on your behalf during hearings to advocate for your interests. Our law firm assists clients with early probation termination, expungements, and other related legal matters, guiding clients through the process to achieve the best possible outcome.
Understanding Probation
Probation is a court-ordered sentence that allows individuals to remain in their communities under supervision, rather than serving time in prison. When someone is placed on probation, they must follow specific probation conditions set by the court, which often include completing court-ordered classes, performing community service, paying fines and restitution, and attending dui classes or other treatment programs. A probation officer is assigned to monitor progress, ensure compliance, and provide support throughout the probationary period.
During probation, individuals are expected to demonstrate good conduct and good behavior, such as maintaining employment, avoiding new offenses, and fulfilling all the terms of their probation sentence. Regular meetings with a probation officer are common, and any probation violations—like missing appointments, failing drug tests, or not completing required programs—can result in serious consequences, including the possibility of jail or prison time.
For those who have successfully completed a significant portion of their probation term—typically at least half or two-thirds—and have shown consistent compliance, there may be an opportunity to request early termination of probation. This process usually involves filing a motion for early termination with the court. The judge will review factors such as the individual’s criminal history, compliance with probation conditions, payment of fines and restitution, and whether any new offenses or violations have occurred. If the court determines that early release makes sense, the probation may be terminated early, allowing the individual to move forward with their life.
Having a criminal defense attorney or public defender can be invaluable during this process. An experienced defense attorney can help navigate the legal process, prepare the necessary motion, and represent the individual at a court hearing. This support can be crucial in presenting a strong case for early termination and, in some cases, pursuing expungement of the criminal record once probation is terminated.
If you are considering requesting early termination of probation, it is important to understand your rights and responsibilities. Consulting with a criminal defense attorney for a free consultation can help you determine if you are eligible, what steps to take, and how to best present your case to the court. By staying in compliance with all probation conditions and working with a knowledgeable attorney, you can increase your chances of having your probation terminated early and achieving your goals, such as securing a better job or having your record expunged.
AM I ELIGIBLE?
You are eligible for the earned compliance credit if:
- You are not on lifetime supervision;
- In compliance with the conditions of supervision;
- Have completed at least two years of supervision;
- Not ruled ineligible by the sentencing court or Missouri Board of Probation and Parole; and
- You are currently on probation, parole, or conditional release for Class D or E Felony or any offense listed in Chapters 195 or 579 of the Revised Statutes of Missouri (Drug Offenses).
Offenses that are specifically barred from earning compliance credits include:
- Stalking, 1st Degree
- Rape, Second Degree
- Sexual Assault
- Sodomy, Second Degree
- Deviate Sexual Assault
- Assault, Second Degree (when attempting to cause or knowingly case physical injury to another person by means of a deadly weapon or dangerous instrument)
- Sexual Misconduct Involving a Child
- Endangering the Welfare of a Child, First Degree (when the person knowingly engages in sexual conduct with a person under the age of seventeen years over whom the person is a parent, guardian, or otherwise changed with the care and custody)
- Incest
- Invasion of Privacy
- Abuse of a Child
- Aggravated Stalking (prior to 1/1/17)
If you are charged with certain offenses, the court can make a finding that you are not entitled to Earned Compliance Credits. Those offenses include:
- Involuntary Manslaughter, First Degree
- Involuntary Manslaughter, Second Degree
- Assault 2nd Degree (when not otherwise already prohibited)
- Domestic Assault, Second Degree
- Assault of a Law Enforcement Officer, Second Degree
- Statutory Rape, Second Degree
- Statutory Sodomy, Second Degree
- Endangering the Welfare of a Child, First Degree (when not otherwise already prohibited)
- Felony Weapons Offense (Chapter 571 RSMo)
WHO CAN AUTHORIZE AN EARLY TERMINATION AND HOW DOES IT HAPPEN?
An early discharge is a final release or discharge from probation, parole, or a conditional release. Either the sentencing court or the Missouri Board of Probation and Parole can authorize an early discharge from your term of probation or parole based on your Earned Compliance Credits. Earned Compliance Credits accumulate in the amount of thirty (30) days for each month that you are compliant on your term of probation and are not subject to court approval. Once you have accumulated enough credits, you could be eligible for early release and should talk to your probation officer. And if you have further questions, you should contact us right away.